Ex Parte ANTON 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                   written for publication in a law journal and (2) is not binding                                                  
                   precedent of the Board.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. 17                                                                                                     
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        ____________                                                                
                                       BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                    AND INTERFERENCES                                                               
                                                        ____________                                                                
                                            Ex parte Douglas R. Anton,                                                              
                                                    Carl G. Krespan,                                                                
                                                  and Allen C. Sievert                                                              
                                                        ____________                                                                
                                                   Appeal No. 95-1256                                                               
                                             Application No.08/043,9171                                                             
                                                          ____________                                                              
                                                            ON BRIEF                                                                
                                                          ____________                                                              
                   Before WINTERS, WILLIAM F. SMITH, and LORIN, Administrative Patent Judges.                                       
                   LORIN, Administrative Patent Judge.                                                                              


                                                    DECISION ON APPEAL                                                              
                           This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1-16,                         
                   which are all of the claims pending in this application.2  On consideration of the record,                       
                   we reverse and remand to the examiner with instructions to consider the issue developed                          


                   1 Application for patent filed April 7, 1993.  According to applicants, this application is a                    
                   continuation-in-part of Application 07/964,973, filed October 22, 1992, now abandoned.                           
                   2  In a previous decision (paper no. 15), the application was                                                    
                   remanded to the examiner for consideration of a Petition and                                                     
                   Information Disclosure Statement. They have now been                                                             
                   considered.                                                                                                      





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