Ex parte KRUEGER 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                           journal and (2) is not binding precedent of the Board.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. 45                                                         

                                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                                                   
                                                                                                     _____________                                                                                                                      

                                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                                                                
                                                                                            AND INTERFERENCES                                                                                                                           
                                                                                                     _____________                                                                                                                      

                                                                                     Ex parte DENNIS L. KRUEGER                                                                                                                         
                                                                                             and JAMES F. DYRUD                                                                                                                         
                                                                                                     _____________                                                                                                                      

                                                                                                 Appeal No. 95-4633                                                                                                                     
                                                                                             Application 07/135,0671                                                                                                                    
                                                                                                    ______________                                                                                                                      

                                                                                       HEARD: DECEMBER 9, 1997                                                                                                                          
                                                                                                  _______________                                                                                                                       

                           Before KIMLIN, WEIFFENBACH and WARREN, Administrative Patent Judges.                                                                                                                                         

                           WEIFFENBACH, Administrative Patent Judge.                                                                                                                                                                    

                                                                                 ON REQUEST FOR REHEARING                                                                                                                               

                                        Appellants’ request for rehearing  of our decision of January 27, 1998, wherein we sustained the2                                                                                                                                      




                                        1 Application for patent filed December 18, 1997.  According to Applicants, this application is a division of                                                                                   
                           Application 06/911,394, filed September 25, 1986, now U.S. Patent No. 4,729,371, granted March 8, 1988, which is a                                                                                           
                           continuation of Application 06/704,537, filed February 22, 1985, now abandoned, which is a continuation of Application                                                                                       
                           06/540,543, filed October 11, 1983, now abandoned.                                                                                                                                                           

                                        2  Effective December 1, 1997, 37 CFR § 1.197(b) was amended to change the term “reconsideration” to                                                                                            
                           “rehearing.”  See the final rule notice published at 62 Fed. Reg. 53131, 53197 (Oct. 10, 1997), 1203 O.G. 63, 122 (October                                                                                   
                           21, 1997).                                                                                                                                                                                                   

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