Ex parte MILLER - 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                          not written for publication in a law journal and (2) is not                                                                   
                          binding precedent of the Board.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. 13                            

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                     Ex parte HOWARD W. MILLER                                                                          
                                                                 ____________                                                                           
                                                           Appeal No. 98-1532                                                                           
                                                    Application No. 08/438,5331                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before ABRAMS, FRANKFORT and NASE, Administrative Patent                                                                               
                 Judges.                                                                                                                                
                 ABRAMS, Administrative Patent Judge.                                                                                                   


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the decision of the examiner                                                                           
                 finally rejecting claims 1, 3 and 4.  Claim 2 has been                                                                                 
                 canceled.  No claims have been allowed.                                                                                                





                          1Application for patent filed May 10, 1995.                                                                                   





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