Ex parte HENKINS 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                          journal and (2) is not binding precedent of the                                                                               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. 10                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                 Ex parte E. SCOTT HENKINS and JOHN C. WITTENAUER                                                                       
                                                                 ____________                                                                           
                                                          Appeal No. 1996-3937                                                                          
                                                    Application No. 08/319,7021                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before JOHN D. SMITH, WALTZ and LORIN, Administrative Patent                                                                           
                 Judges.                                                                                                                                
                 JOHN D. SMITH, Administrative Patent Judge.                                                                                            


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal pursuant to 35 U.S.C. § 134 from the                                                                        
                 final rejection of claims 1-5 and 7-12.                                                                                                
                          Claim 1 and 9 are representative and are reproduced                                                                           
                 below:                                                                                                                                 
                          1.  An additive dust free blend consisting essentially of                                                                     
                 compacted particles having a substantially circular cross-                                                                             

                          1Application for patent filed October 7, 1994.                                                                                





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