Ex Parte CONWAY - 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          not written for publication and is not binding precedent of the             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. 30              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte DAVID W. CONWAY                                
                                     __________                                       
                                Appeal No. 2002-0502                                  
                               Application 08/853,425                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before OWENS, DELMENDO and JEFFREY T. SMITH, Administrative                 
          Patent Judges.                                                              
          OWENS, Administrative Patent Judge.                                         


                                 DECISION ON APPEAL                                   
               This appeal is from the nonfinal third rejection of                    
          claims 1-22, which are all of the claims in the application.1               






               1 Because the claims have been twice rejected, the board has           
          jurisdiction as discussed in Ex parte Lemoine, 46 USPQ2d 1432               
          (Bd. Pat. App. & Int. 1995).                                                
                                          1                                           





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