Ex parte MATTHEWS - 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                     (2) is not binding precedent of the Board.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. 14                                          
                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                                                  Ex parte BRUCE MATTHEWS                                                                                              
                                                                             _____________                                                                                             
                                                                        Appeal No. 98-0673                                                                                             
                                                                  Application 08/723,3551                                                                                              
                                                                            ______________                                                                                             
                                                                                  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 examiner's final rejection of claims 6-11 in the involved                                                                                                     
                     reissue application.  The original patent contains claims 1-5.                                                                                                    


                                                                  The Rejection on Appeal                                                                                              

                                1Reissue Application filed September 30, 1996, for                                                                                                     
                     Patent No. 5,435,388, filed August 17, 1994, which according                                                                                                      
                     to the appellant is a divisional application of Application                                                                                                       
                     08/051,854, filed April 26, 1993, now Patent No. 5,361,840.                                                                                                       
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