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               not written for publication and is not binding                         
                                precedent of the Board                                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.  57             


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                           Ex parte FRAMPTON E. ELLIS, III                            
                                   ______________                                     
                                Appeal No.  2004-0131                                 
                               Application 08/462,531                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before GARRIS, TIMM, and PAWLIKOWSKI, Administrative Patent                 
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   

                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner’s final rejection of claims 2, 3, 4, 6, 7, 8, 9, 15-22,            
          and 24-32.  We note that on page 2 of the brief, appellant                  
          indicates that an after final amendment was filed on December 3,            
          2002, proposing the cancellation of claim 23.  On page 2 of the             
          answer, the examiner has indicated entry of this amendment;                 
          hence, claim 23 is canceled.                                                













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