Ex Parte ELLIS - 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                                publication and is not binding precedent of the Board.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. 87                   
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                    
                                           _____________                                               
                              BEFORE THE BOARD OF PATENT APPEALS                                       
                                        AND INTERFERENCES                                              
                                           _____________                                               
                                    Ex parte FRAMPTON E. ELLIS, III                                    
                                           _____________                                               
                                         Appeal No. 2002-0363                                          
                                       Application No. 08/162,373                                      
                                           ______________                                              
                                              ON BRIEF                                                 
                                           _______________                                             

            Before FRANKFORT, McQUADE and NASE, Administrative Patent Judges.                          
            PER CURIAM                                                                                 
                                        DECISION ON APPEAL                                             
                  Frampton E. Ellis, III, appeals from the final rejection of claims 93, 103, 122-124  
            and 126-141.1  Claims 67-81 and 83 stand allowed.  Claims 125 and 142-158, the only        
            other claims pending in the application, stand withdrawn from consideration as not         
            being directed to the elected species.                                                     


                                           THE INVENTION                                               

                  1     Claims 93, 103, 122, 128, 130 and 135 have been amended subsequent             
            to final rejection in Paper No. 77, filed March 16, 2001.                                  
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