Ex parte MAGILL 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                          journal and (2) is not binding precedent of the                                                                               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. 20                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                         Ex parte DAVID T. MAGILL and HOREN CHEN                                                                        
                                                                 ____________                                                                           
                                                           Appeal No. 97-2892                                                                           
                                                    Application No. 08/274,5561                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before HAIRSTON, JERRY SMITH and LALL, Administrative Patent                                                                           
                 Judges.                                                                                                                                
                 HAIRSTON, Administrative Patent Judge.                                                                                                 


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection of claims 1                                                                        
                 through 3.  In an Amendment After Final (paper number 13),                                                                             
                 claim 4 was amended to overcome the examiner’s objection to an                                                                         
                 otherwise allowable claim.2                                                                                                            

                          1Application for patent filed July 14, 1994.                                                                                  
                          2The record is silent as to whether or not the                                                                                
                 Supplemental Amendment After Final (paper number 16) was                                                                               





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