Ex parte SMITH 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 16                                       

                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                        _____________                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                                        _____________                                                                                      
                                                       Ex parte RICHARD W. SMITH, Jr.                                                                                      
                                                                  and MARK D. HOWARD                                                                                       
                                                                        _____________                                                                                      
                                                                   Appeal No. 96-3130                                                                                      
                                                              Application 08/225,6531                                                                                      
                                                                       ______________                                                                                      
                                                                             ON BRIEF                                                                                      
                                                                      _______________                                                                                      

                    Before MEISTER, ABRAMS and STAAB, Administrative Patent Judges.                                                                                        
                    MEISTER, Administrative Patent Judge.                                                                                                                  

                                                                   DECISION ON APPEAL                                                                                      
                              Richard W. Smith, Jr. and Mark D. Howard (the appellants)                                                                                    
                    appeal from the final rejection of claims 2, 11, 22, 23, 26 and                                                                                        
                    28.   Claims 9 and 10 stand allowed.  On page 5 of the answer,2                                                                                                                                                
                    the examiner states that claims 3, 4, 12-21, 27 and 29-33, the                                                                                         


                              1    Application for patent filed April 11, 1994. According to appellants,                                                                   
                    the application is a continuation-in-part of Application 08/145,885, filed                                                                             
                    October 29, 1993, now abandoned.                                                                                                                       
                              2    Claims 2, 11 and 22 have been amended subsequent to final rejection.                                                                    
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