Ex parte DEL MONTE - 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                     not binding precedent of the Board.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. 24                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                                __________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                                __________                                                                                             
                                                             Ex parte ERNEST J. DEL MONTE                                                                                              
                                                                                __________                                                                                             
                                                                        Appeal No. 95-4866                                                                                             
                                                                   Application 08/179,7701                                                                                             
                                                                               ___________                                                                                             
                                                                                  ON BRIEF                                                                                             
                                                                               ___________                                                                                             

                     Before GARRIS, WARREN and OWENS, Administrative Patent Judges.                                                                                                    
                     OWENS, Administrative Patent Judge.                                                                                                                               


                                                                        DECISION ON APPEAL                                                                                             
                                This is an appeal from the examiner’s final rejection of                                                                                               
                     claims 38-46 and 48 and refusal to allow claims 32-37 and 47                                                                                                      
                     as amended after final rejection.  These are all of the claims                                                                                                    


                                1 Application for patent filed January 10, 1994.                                                                                                       
                     According to appellant, the application is a continuation of                                                                                                      
                     Application 07/888,916, filed May 26, 1992, abandoned.                                                                                                            
                                                                                          1                                                                                            





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