Ex parte GABELLO 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                    (2) is not binding precedent of the Board.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. 21                                       
                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                        _____________                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                                        _____________                                                                                      
                                                           Ex parte LOUIS R. GABELLO,                                                                                      
                                                     LEON R. ZOELLER and JAMES P. GUY                                                                                      
                                                                        _____________                                                                                      
                                                                   Appeal No. 96-2440                                                                                      
                                                             Application 08/099, 2891                                                                                      
                                                                       ______________                                                                                      
                                                                             ON BRIEF                                                                                      
                                                                      _______________                                                                                      
                    Before HAIRSTON, KRASS and LEE, Administrative Patent Judges.                                                                                          
                    LEE, Administrative Patent Judge.                                                                                                                      
                                                                   DECISION ON APPEAL                                                                                      
                              This is a decision on appeal under 35 U.S.C. § 134 from the                                                                                  
                    final rejection of claims 1-4, 6-8, 10, 12-14, 16-18, 20, 22-25,                                                                                       
                    27-29, 31-34, 36-38 and 40-41.  Claims 5, 9, 11, 15, 19, 21, 26,                                                                                       
                    30, 35, 39 and 42 have been canceled.  No claim has been allowed.                                                                                      




                              1Application for patent filed September 24, 1993.                                                                                            
                    According to the appellants, it is a continuation-in-part of                                                                                           
                    application 08/067,434, filed May 24, 1993.  However, the                                                                                              
                    examiner has indicated on the file wrapper of the application                                                                                          
                    that the alleged continuation data is incorrect.                                                                                                       





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