Ex parte PLUMTON - 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               written for publication in a law journal and (2) is not binding         
               precedent of the Board.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. 12         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                      ____________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                   
                                      ____________                                     
                              Ex parte DONALD L. PLUMTON                               
                                      ____________                                     
                                  Appeal No. 1996-1616                                 
                              Application No. 08/158,6731                              
                                      ____________                                     
                                        ON BRIEF                                       
                                      ____________                                     
          Before BARRETT, TORCZON, and GROSS, Administrative Patent                    
          Judges.                                                                      
          GROSS, Administrative Patent Judge.                                          

                                   DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                  
          rejection of claims 1 through 9.  Claims 10 through 16 have                  
          been withdrawn from consideration.                                           
               The appellant's invention relates to an integrated                      
          circuit having the same layer of semiconductor material                      


               Application for patent filed November 29, 1993.  According to1                                                                      
          appellant, this application is a continuation-in-part of Application No.     
          08/056,682, filed April 30, 1993, now abandoned.                             





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