Ex Parte FOLEY et al - 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            written for publication and is not binding precedent of the Board.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. 48              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte DIANE M. FOLEY,                                
                                EVERETT W. BENNETT,                                   
                               SAM C. SLIFKIN, dec’d,                                 
                               BY CAROLYN J. SLIFKIN                                  
                                    _____________                                     
                                Appeal No. 1999-1005                                  
                             Application No. 08/739,157                               
                                   ______________                                     
                                     ON BRIEF                                         
                                   _______________                                    
          Before KIMLIN, GARRIS, and WALTZ, Administrative Patent Judges.             
          GARRIS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the refusal of the                
          examiner to allow claims 87, 88, 90-92, 94-102, 108, 109 and                
          116 as amended subsequent to the final rejection.1  These are all           
          of the claims remaining in the application.                                 
               1We observe that the amendment filed March 5, 1998 after the           
          final rejection has not been physically entered despite the examiner’s      
          entry-authorization in the advisory action mailed March 19, 1998.           
          This oversight should be rectified upon return of the application to        
          the jurisdiction of the Examining Corps.                                    




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