Ex parte MCVAY 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                         journal and (2) is not binding precedent of the Board.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. 31                          


                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                         ________________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                         ________________                                                                     
                                        Ex parte TED M. McVAY, GENE F. BAXTER                                                                 
                                                 and FREDERICK C. DUPRE JR.                                                                   
                                                         ________________                                                                     
                                                        Appeal No. 95-2022                                                                    
                                                 Application No. 08/063,0561                                                                  
                                                         ________________                                                                     
                                                                ON BRIEF                                                                      
                                                         ________________                                                                     

                Before WINTERS, GARRIS and PAK, Administrative Patent Judges.                                                                 
                WINTERS, Administrative Patent Judge.                                                                                         


                                                        DECISION ON APPEAL                                                                    
                         This appeal was taken from the examiner's decision rejecting                                                         
                claims 2, 3, 7 through 10, 12, 13, 15 and 27 through 37.  Claims                                                              
                17, 18, 22 through 24, 38 and 39, which are the only other claims                                                             
                remaining in the application, stand allowed.                                                                                  

                         1Application for patent filed May 19, 1993.  According to                                                            
                appellants, this application is a continuation of Application No.                                                             
                07/713,256, filed June 13, 1991, now abandoned.                                                                               
                                                                    -1-                                                                       




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