Ex parte FITZGERALD 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            not binding precedent of the Board.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. 18                   
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                     
                                            _____________                                               
                               BEFORE THE BOARD OF PATENT APPEALS                                       
                                         AND INTERFERENCES                                              
                                            _____________                                               
                             Ex parte TIMOTHY P. FITZGERALD, and                                        
                                          DAVID J. ROTHER                                               
                                            _____________                                               
                                         Appeal No. 95-3161                                             
                                      Application 08/090,9211                                           
                                           ______________                                               
                                               ON BRIEF                                                 
                                          _______________                                               
            Before URYNOWICZ, LEE and CARMICHAEL, Administrative Patent                                 
            Judges.                                                                                     
            LEE, Administrative Patent Judge.                                                           
                                         DECISION ON APPEAL                                             
                  This is a decision on appeal under 35 U.S.C. § 134 from                               
            the examiner's final rejection of claims 1, 5 and 9.  Claims                                
            2-4, 6-8 and 10-17 have been canceled.  No claim has been                                   
            allowed.                                                                                    

             Application for patent filed July 12, 1993.  According to the appellants, the1                                                                                     
            application is a continuation of application 07/776,201, filed October 15, 1991, now        
            Patent No. 5,255,251, which is a continuation-in-part of application 07/602,631, filed      
            October 24, 1990, now Patent No. 5,123,000.                                                 
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