Ex parte HARPER 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                         journal and (2) is not binding precedent of the Board.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. 13                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                             Ex parte MARJORIE G. HARPER and PATRICK M. BERTSCH                                                               
                                                             ____________                                                                     
                                                        Appeal No. 97-2562                                                                    
                                                Application No. 08/492,2411                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before STAAB, NASE, and CRAWFORD, Administrative Patent Judges.                                                               
                NASE, Administrative Patent Judge.                                                                                            



                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the examiner's final                                                               
                rejection of claims 20 to 30, 32 to 35 and 37 to 40.   Claim 36                        2                                      
                has been objected to as depending from a non allowed claim.                                                                   
                Claims 1 to 19 and 31 have been canceled.                                                                                     


                         1Application for patent filed June 19, 1995.  According to                                                           
                the appellants, the application is a continuation of Application                                                              
                No. 07/942,423, filed September 9, 1992, now U.S. Patent No.                                                                  
                5,575,530.                                                                                                                    
                         2Claims 32 and 33 were amended subsequent to the final                                                               
                rejection.                                                                                                                    




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