Ex parte KOELLING 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                               publication in a law journal and (2) is not binding precedent of the Board.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. 11              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                      ____________                                                        
                                     BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                 AND INTERFERENCES                                                        
                                                      ____________                                                        
                               Ex parte JEFFREY E. KOELLING and CHING-YUH TSAY                                            
                                                      ____________                                                        
                                                  Appeal No. 1997-0274                                                    
                                               Application No. 08/266,9121                                                
                                                      ____________                                                        
                                                        ON BRIEF                                                          
                                                      ____________                                                        
              Before KRASS, FLEMING, and DIXON, Administrative Patent Judges.                                             
              DIXON, Administrative Patent Judge.                                                                         


                                                 DECISION ON APPEAL                                                       
                                                                                       2                                  
                     This is a decision on appeal from the Examiner's final rejection  of claims 1-5,                     
              which are all of the claims pending in this application.                                                    
                     We REVERSE.                                                                                          



                     1Application for patent filed June 27, 1994.                                                         
                     2In the Examiner's answer, page 3, the Examiner has withdrawn the rejection of claims 1-5 under      
              35 U.S.C. § 112, second paragraph and the rejection of claims 1-5 under 35 U.S.C. § 102 as being            
              unpatentable over Kumanoya in view of the arguments presented in the Brief.                                 





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