Ex parte HUDSON 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                 for publication in a law journal and (2) is not binding precedent of the                                                               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. 34                            
                                          UNITED STATES BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                       Ex parte JAMES C. HUDSON, THOMAS RUSSELL,                                                                        
                                     CARLOS M. RODRIGUEZ, and WALLACE H. COULTER                                                                        
                                                                 ____________                                                                           
                                                           Appeal No. 95-28891                                                                          
                                                    Application No. 07/525,231                                                                          
                                                                 ____________                                                                           
                                                                    ON BRIEF2                                                                           
                                                                 ____________                                                                           
                 Before GARRIS, FLEMING, and TORCZON, Administrative Patent                                                                             
                 Judges.                                                                                                                                
                 TORCZON, Administrative Patent Judge.                                                                                                  
                                                           DECISION ON APPEAL                                                                           
                          Appellants seek review under 35 U.S.C. § 134 of the final                                                                     
                 rejection of claims 1-32 (Paper No. 9 (Not. App.)).  We affirm                                                                         
                 in part and enter a new ground of rejection.                                                                                           
                                                                   BACKGROUND                                                                           
                          Appellants filed the subject application for patent on                                                                        
                 17 May 1990 (Paper No. 1 (appl. for CIP) at 1).  They claim                                                                            
                 benefit under 35 U.S.C. § 120 of application no. 07/339,156                                                                            
                 filed 14 April 1989, now abandoned; application no.                                                                                    


                          1Attorney docket no.32267.                                                                                                    
                          2Counsel waived the scheduled oral hearing (Paper No.                                                                         
                 33).                                                                                                                                   





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