Ex parte HAMMER - 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                         journal and (2) is not binding precedent of the Board.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 MORDECHAI HAMMER                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 96-1870                                                                    
                                                    Application 08/088,5701                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before LYDDANE, STAAB, and McQUADE, Administrative Patent Judges.                                                             
                McQUADE, Administrative Patent Judge.                                                                                         


                                                        DECISION ON APPEAL                                                                    
                         This appeal is from the final rejection of claims 3 and 5.                                                           
                Claims 1, 2 and 4, the only other claims pending in the                                                                       
                application, stand withdrawn from consideration pursuant to                                                                   
                37 CFR § 1.142(b).                                                                                                            



                         1Application for patent filed July 9, 1993.  According to                                                            
                the appellant, the application is a continuation-in-part of                                                                   
                Application 07/923,657, filed August 3, 1992, now Patent No.                                                                  
                5,322,334, issued June 21, 1994; which is a continuation-in-part                                                              
                of Application 07/912,415, filed July 13, 1992, now Patent No.                                                                
                5,324,086, issued June 28, 1994.                                                                                              





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