Ex parte ROBERT A. KEPPEL, 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                for publication in a law journal and (2) is not binding precedent of the Board.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. 31                              

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                            _____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                            _____________                                                                     
                                         Ex parte ROBERT A. KEPPEL, SCOTT F.                                                                  
                                             MITCHELL and MICHAEL J. MUMMEY                                                                   
                                                            _____________                                                                     
                                                        Appeal No. 94-3287                                                                    
                                                    Application 07/835,1521                                                                   
                                                           ______________                                                                     
                                                                ON BRIEF                                                                      
                                                          _______________                                                                     

                Before KIMLIN, GARRIS and WARREN, Administrative Patent Judges.                                                               
                GARRIS, Administrative Patent Judge.                                                                                          

                                                        DECISION ON APPEAL                                                                    

                         This is a decision on an appeal from the final rejection of                                                          
                claims 1 through 11, 26  and 27.  The only other claims remaining2                                                                                      
                in the application, which are claims 12 through 25, stand                                                                     

                         1   Application for patent filed February 13, 1992.                                                                  
                         2   Claim 26 contains a minor informality in that the subject referred to                                            
                by the phrase “about 1.7%” is not specifically identified. Consistent with the                                                
                appellants’ specification including appealed claim 1, we interpret the claim 26                                               
                phrase “about 1.7%” as though it read --about 1.7% by volume n-butane--. This                                                 
                informality should be corrected in any further prosecution that may occur.                                                    
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