Ex Parte JOHNSON - 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          not written for publication and is not binding precedent of the             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. 21              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte JAMES R. JOHNSON                               
                                     __________                                       
                                Appeal No. 2001-1763                                  
                               Application 08/899,434                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before GARRIS, WALTZ, and LIEBERMAN, Administrative Patent                  
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         

               DECISION ON APPEAL                                                     
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 1 through 3, 8 and 12.1  Claims 9                 
          through 11 and 13 through 15, the only other claims pending in              
          this application, stand allowed by the examiner (Brief, page 3;             

               1 Appellant’s amendment subsequent to the final rejection,             
          amending claim 15, has been entered by the examiner and obviates            
          the final rejection of claims 1-3 and 8-15 under 35 U.S.C. § 112,           
          ¶2 (see the amendment dated Sep. 7, 2000, Paper No. 16, entered             
          as per the Advisory Action dated Sep. 22, 2000, Paper No. 18).              
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