Ex parte CARLSON - 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                 (2) is not binding precedent of the Board.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. 40                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                   __________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                   __________                                                                           
                                                      Ex parte JOHN A. CARLSON                                                                          
                                                                   __________                                                                           
                                                           Appeal No. 97-2785                                                                           
                                                   Application No. 08/173,698 1                                                                         
                                                                   __________                                                                           
                                                          HEARD: Feb. 04, 1998                                                                          
                                                                   __________                                                                           

                 Before McCANDLISH, Senior Administrative Patent Judge, and                                                                             
                 COHEN and STAAB, Administrative Patent Judges.                                                                                         
                 McCANDLISH, Senior Administrative Patent Judge.                                                                                        

                                                           DECISION ON APPEAL                                                                           
                          This is a decision on an appeal from the examiner’s final                                                                     
                 rejection of reissue claims 5 through 8 in this application                                                                            

                          1Application filed December 20, 1993 for Reissue of U.S.                                                                      
                 Patent No. 5,104,156, issued April 14, 1992, based on                                                                                  
                 Application  No. 07/599,654, filed October 18, 1990.                                                                                   
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