Ex parte HERMAN - 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          not binding precedent of the Board.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. 9               

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte JOHN E. HERMAN                                
                                     __________                                       
                                Appeal No. 1997-1461                                  
                               Application 08/388,9151                                
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before DOWNEY, HANLON and WALTZ, Administrative Patent Judges.              
          DOWNEY, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal under 35 U.S.C. § 134 from the final                 
          rejection of claims 1-7 and 9-11.  Claim 8 has been objected                
          to by the examiner as dependent on a rejected claim.                        
               The subject matter on appeal is directed to a process of               
          recovering particulate silicon from a liquid by-product                     

               1Application for patent filed February 15, 1995.                       
                                          1                                           





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