Ex parte HERCEG 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                 (2) is not binding precedent of the Board.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. 19                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                   __________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                   __________                                                                           
                               Ex parte THOMAS J. HERCEG, JAMES B. WILLIAMS, JR.,                                                                       
                                          EUGENE L. SMITH, and JOSEPH L. FILION                                                                         
                                                                   __________                                                                           
                                                           Appeal No. 98-1693                                                                           
                                                      Application D-07/343,1821                                                                         
                                                                   __________                                                                           
                                                                    ON BRIEF                                                                            
                                                                   __________                                                                           

                 Before FRANKFORT, KRASS, and WEIFFENBACH, Administrative                                                                               
                 Patent Judges.                                                                                                                         
                 KRASS, Administrative Patent Judge.                                                                                                    
                                                           DECISION ON APPEAL                                                                           



                          1Application for patent filed April 24, 1989.                                                                                 
                 According to appellants, the application is a continuation-in-                                                                         
                 part of Application 07/164,365, filed March 4, 1988, now                                                                               
                 Patent No. 5,079,723.                                                                                                                  
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