Ex parte BIRMINGHAM - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 36                                       
                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                        _____________                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                                        _____________                                                                                      
                                                          Ex parte JOHN M. BIRMINGHAM                                                                                      
                                                                        _____________                                                                                      
                                                                   Appeal No. 94-0786                                                                                      
                                                              Application 07/861,3321                                                                                      
                                                                       ______________                                                                                      
                                                                             ON BRIEF                                                                                      
                                                                      _______________                                                                                      

                    Before JOHN D. SMITH, PAK and WARREN, Administrative Patent                                                                                            
                    Judges.                                                                                                                                                
                    JOHN D. SMITH, Administrative Patent Judge.                                                                                                            

                                                                   DECISION ON APPEAL                                                                                      
                              This is an appeal pursuant to 35 USC § 134 from the final                                                                                    
                    rejection of claims 10 through 13.                                                                                                                     
                              Claim 10 and claim 13 are representative and are reproduced                                                                                  
                    below:                                                                                                                                                 

                                        10.  In a method for cracking dicyclopentadiene to                                                                                 
                    produce cyclopentadiene monomer, wherein molten dicyclopentadiene                                                                                      

                              1     Application for patent filed March 25, 1992. According to appellant,                                                                   
                    the application is a continuation of Application 07/569,657, filed August 20,                                                                          
                    1990, now abandoned.                                                                                                                                   
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