Ex parte NYLANDER 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                 not binding precedent of the Board.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. 26                                          

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                   __________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                   __________                                                                           
                    Ex parte CLAES I. NYLANDER, BRIAN J. BIRCH, CLIVE E. MARSHMAN                                                                       
                                                       and PETER R. STEPHENSON                                                                          
                                                                   __________                                                                           
                                                           Appeal No. 95-1545                                                                           
                                                       Application 07/842,3291                                                                          
                                                                   __________                                                                           
                                                        HEARD:  April 10, 1997                                                                          
                                                                   __________                                                                           

                 Before GARRIS, WEIFFENBACH and OWENS , Administrative Patent     2                                                                     
                 Judges.                                                                                                                                
                 WEIFFENBACH, Administrative Patent Judge.                                                                                              

                                                           DECISION ON APPEAL                                                                           


                          1Application for patent filed February 28, 1992.  According to                                                                
                 appellants, this application is a continuation-in-part of Application                                                                  
                 07/530,436 filed June 1, 1990, now abandoned.                                                                                          
                          2Administrative Patent Judge Thierstein, who participated at the oral                                                         
                 hearing held on April 10, 1997, was not available to take part in this                                                                 
                 decision.  Administrative Patent Judge Owens has been substituted for                                                                  
                 Administrative Patent Judge Thierstein.  In re Bose Corp., 772 F.2d 866, 869,                                                          
                 227 USPQ 1, 4 (Fed. Cir. 1985).                                                                                                        
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