Ex parte MASON 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                                  for publication in a law journal and (2) is not binding precedent of the Board.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. 20                                       
                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                          _____________                                                                                    
                                                    BEFORE THE BOARD OF PATENT APPEALS                                                                                     
                                                                   AND INTERFERENCES                                                                                       
                                                                          _____________                                                                                    
                                                                Ex parte JAMES R. MASON,                                                                                   
                                                                   RICHARD A. DOLBEER                                                                                      
                                                                      and GEORGE PRETI                                                                                     
                                                                          _____________                                                                                    
                                                                       Appeal No. 94-0291                                                                                  
                                                                     Application 07/490,7601                                                                               
                                                                         ______________                                                                                    
                                                                             ON BRIEF                                                                                      
                                                                         _______________                                                                                   
                    Before METZ, GRON and ELLIS , Administrative Patent Judges.                                                                                            
                    ELLIS, Administrative Patent Judge.                                                                                                                    
                                                                   DECISION ON APPEAL                                                                                      
                              This is an appeal from the final rejection of claims 1, 2, 4 through 12, 19 through 23, and                                                  
                    50 through 52, all the claims pending in the application.                                                                                              
                              Claim 1 is illustrative of the subject matter on appeal and reads as follows:                                                                
                              1.  A method of repelling carnivorous or omnivorous animals selected from the group                                                          

                              1Application for patent filed March 8, 1990.  According to appellants, this application is a                                                 
                    continuation-in-part of Application 07/394,932, filed August 17, 1989, now abandoned; which is                                                         
                    a continuation-in-part of Application 07/351,841, filed May 12, 1989, now abandoned.                                                                   
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