Ex parte FONTANA - 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                     journal and (2) is not binding precedent of the Board.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 WILLIAM R. FONTANA                                                                                          
                                                                                  __________                                                                                           

                                                                            Appeal No. 98-1017                                                                                         
                                                                         Application 08/585,4721                                                                                       
                                                                                 ___________                                                                                           

                                                                                   ON BRIEF                                                                                            
                                                                                 ___________                                                                                           


                     Before CALVERT, FRANKFORT and McQUADE, Administrative Patent Judges.                                                                                              

                     McQUADE, Administrative Patent Judge.                                                                                                                             


                                                                         DECISION ON APPEAL                                                                                            

                                William R. Fontana appeals from the final rejection of claims 1 through 7, all of the claims                                                           

                     pending in the application.  We reverse and enter a new rejection of claim 7 pursuant to 37 CFR                                                                   


                                1Application for patent filed January 16, 1996.  According to appellant, the application is a                                                          
                     division of Application 08/338,045, filed November 14, 1994, now abandoned, which is a continuation                                                               
                     in part of Application 08/182,229, filed January 18, 1994, now abandoned.                                                                                         
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