Ex Parte BERLINSKY - Page 1




               The opinion in support of the decision being entered today was not        
               written for publication and is not binding precedent of the Board.        
          Paper No. 32                                                                   
                       UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                       ____________                                      
                           BEFORE THE BOARD OF PATENT APPEALS                            
                                    AND INTERFERENCES                                    
                                       ____________                                      
                               Ex parte ALLAN M. BERLINSKY                               
                                       ____________                                      
                                  Appeal No. 2001-1212                                   
                               Application No. 08/777,986                                
                                       ____________                                      
                                         ON BRIEF1                                       
                                       ____________                                      
          Before RUGGIERO, DIXON, and GROSS, Administrative Patent Judges.               
          GROSS, Administrative Patent Judge.                                            



                                    DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                    
          rejection of claims 2, 3, and 5 through 18.  Claim 4 was canceled              
          in Amendment A, filed February 23, 1998 (Paper No. 7) and claim 1              
          was canceled in Amendment B, filed August 25, 1998 (Paper No. 9).              
          After the final rejection, claims 2, 3, 5 through 9 and 18 were                
          canceled in Amendment C filed August 11, 2000 (Paper No. 20).  In              
          the Examiner’s Answer (page 5), the examiner indicated that                    













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