Ex parte OPHEIJ et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
               This opinion (1) was not written for publication and                   
               (2) is not binding precedent of the Board.                             
                                                               Paper No. 32           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                               In re WILLEM G. OPHEIJ                                 
                               and JOZEF P.H. BENSCHOP                                
                                    ____________                                      
                                 Appeal No. 95-2003                                   
                             Application No. 08/074,2651                              
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before THOMAS, FLEMING, and TORCZON, Administrative Patent                  
          Judges.                                                                     
          TORCZON, Administrative Patent Judge.                                       
                                     BACKGROUND                                       
               This is an appeal under 35 U.S.C. § 134 from the final                 
          rejection of claims 23-26, 33, and 37.  The examiner objects to             
          claims 29-32 and 34-36 as depending from rejected claims.                   
          (Examiner's Answer at 8.)  No other claims are pending.  We                 
          reverse.                                                                    
               The subject matter of the invention is a device for                    
          optically reading information from or writing information onto a            
          record carrier having a plurality of information tracks (e.g. a             


               1    Attorney docket no. PHN 13,236B.                                  





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