opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
Paper No. 25
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte RANDY D. FELLBAUM
and VOLKER R. ULBRICH
____________
Appeal No. 1998-3176
Application No. 08/388,788
____________
ON BRIEF
____________
Before LIEBERMAN, KRATZ and TIMM, Administrative Patent Judges.
KRATZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final
rejection of claims 1-12. Claims 13-28 stand withdrawn from
further consideration by the examiner as drawn to a non-elected
invention. Consequently, claims 13-28 are not before us for
review on appeal.1
1 Appellants (brief, page 1) maintain that claims 13-28 are
subject to review on appeal as being rejected under the second
paragraph of 35 U.S.C. § 112. However, no such rejection of the
non-elected claims has been made in this case. Supervisory
review of an adverse non-final agency decision with respect to
the propriety of a restriction requirement is not by appeal to
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