Ex parte GILES et al. - Page 1






                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                      
                                         The opinion in support of the decision being entered today                                                    
                                   (1) was not written for publication in a law journal and                                                            
                                   (2) is not binding precedent of the Board.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 FREDERICK A. GILES                                                                     
                                                         and CHARLES W. GLANCY                                                                         
                                                                 ______________                                                                        
                                                               Appeal No. 95-1148                                                                      
                                                             Application 07/873,3451                                                                   
                                                                _______________                                                                        
                                                                    ON BRIEF                                                                           
                                                                _______________                                                                        
                 Before JOHN D. SMITH, PAK and WARREN, Administrative Patent Judges.                                                                   
                 WARREN, Administrative Patent Judge.                                                                                                  
                                                       Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                  
                 claims 1 through 57.2                                                                                                                 
                                   We have carefully considered the record before us, and based thereon, find that we                                  
                 cannot sustain any of the grounds of rejection under 35 U.S.C. § 102 or § 103 over each of Smith                                      




                                                                                                                                                      
                 1  Application for patent filed April 21, 1992. According to appellants, this application is a continuation                           
                 of application 07/540,174, filed June 19, 1990 now abandoned.                                                                         
                 2  Specification, pages 30-37, and amendment of April 21, 1992 (Paper No. 13).                                                        

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