Ex parte MILES 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                                           (2) is not binding precedent of the Board.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. 15                                          

                                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                             
                                                                              _______________                                                                                          

                                                        BEFORE THE BOARD OF PATENT APPEALS                                                                                             
                                                                        AND INTERFERENCES                                                                                              
                                                                              _______________                                                                                          

                                                                        Ex parte BERT B. MILES                                                                                         
                                                                           and GARY W. SAMS                                                                                            
                                                                              ______________                                                                                           

                                                                            Appeal No. 96-0172                                                                                         
                                                                          Application 08/076,0001                                                                                      
                                                                              _______________                                                                                          

                                                                                   ON BRIEF                                                                                            
                                                                              _______________                                                                                          

                     Before WARREN, WALTZ and SPIEGEL, Administrative Patent Judges.                                                                                                   

                     WARREN, Administrative Patent Judge.                                                                                                                              
                                                                    Decision on Appeal and Opinion                                                                                     
                                This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                                            
                     claims 12 through 14, 16 and 17.2                                                                                                                                 
                                We have carefully considered the record before us, and based thereon, find that we cannot                                                              
                     sustain any of the grounds of rejection of the appealed claims under 35 U.S.C. § 103, each of which is                                                            

                                                                                                                                                                                      
                     1  Application for patent filed June 11, 1993. According to appellants, this application is a division of                                                         
                     application 07/604,925, filed October 29, 1990, now United States Patent 5,221,523, issued June 22,                                                               
                     1993.                                                                                                                                                             
                     2  Amendment of April 4, 1994 (Paper No. 5).                                                                                                                      

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