Ex parte SHARABY - 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                 (2) is not binding precedent of the Board.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. 17                                 
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                        
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                            AND INTERFERENCES                                                                          
                                                                _______________                                                                        
                                                          Ex parte ZAEV SHARABY                                                                        
                                                                 ______________                                                                        
                                                               Appeal No. 94-2078                                                                      
                                                             Application 07/834,7551                                                                   
                                                                _______________                                                                        
                                                                    ON BRIEF                                                                           
                                                                _______________                                                                        
                 Before GARRIS, WEIFFENBACH and WARREN, Administrative Patent Judges.                                                                  
                 WARREN, Administrative Patent Judge.                                                                                                  
                                                       Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                  
                 claims 12 through 15 and 28 through 32.2,3  Claims 16 through 22 are also of record and have                                          
                 been withdrawn from consideration by the examiner as directed to a nonelected invention.                                              

                                                                                                                                                      
                 1  Application for patent filed  February 12, 1992. According to appellant, this application is a division                            
                 of application 07/509,687 (‘687 application), filed April 16, 1990, now U.S. Patent No. 5,112,522,                                    
                 issued May 12, 1992, which is a division of application 06/854,203 (‘203 application), filed April 21,                                
                 1986, now U.S. Patent No. 4,918,151, issued April 17, 1990, which is a continuation-in-part of                                        
                 application 06/660,180, filed October 12, 1984, now abandoned.                                                                        
                 2  See, e.g., specification, pages 18-19, and the amendment of October 19, 1992 (Paper No. 5).                                        
                 3  While the claims on appeal were stated as [c]laims 15-18 and 28-32” in the brief (Paper No. 9,                                    
                 page 1), we note that the notice of appeal of April 16, 1993 (Paper No. 8) correctly identifies the                                   

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