Ex parte GARFINKLE - 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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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. 11                                       

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                                             Ex parte BENJAMIN L. GARFINKLE                                                                   
                                                              __________                                                                      
                                                        Appeal No. 97-1085                                                                    
                                                    Application 08/369,7121                                                                   
                                                              __________                                                                      
                                                                ON BRIEF                                                                      
                                                              __________                                                                      

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


                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the decision of the examiner finally                                                          
                rejecting claims 1 through 9, which constitute all of the claims                                                              
                of record in the application.                                                                                                 



                         1Application for patent filed January 6, 1995.  According                                                            
                to appellant, this application is a continuation-in-part of                                                                   
                Application 08/125,522 filed September 22, 1993, now U.S. Patent                                                              
                No. 5,402,897 issued April 4, 1995.                                                                                           
                                                                      1                                                                       





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