Ex parte JOHNSTONE - 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                          journal and (2) is not binding precedent of the Board.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. 22                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           

                                                   Ex parte DAVID R. JOHNSTONE                                                                          
                                                                _____________                                                                           
                                                          Appeal No. 1999-1764                                                                          
                                                  Application No. 08/827,5441, 2                                                                        
                                                               ______________                                                                           
                                                                    ON BRIEF                                                                            
                                                              _______________                                                                           

                 Before CALVERT, COHEN, and BAHR, Administrative Patent Judges.                                                                         
                 COHEN, Administrative Patent Judge.                                                                                                    

                                                           DECISION ON APPEAL                                                                           

                          This is an appeal from the final rejection of claims 1                                                                        


                          1Application for patent filed March 28, 1997.                                                                                 
                          2A petition to make this application special (Paper No.                                                                       
                 3) was granted (Paper No. 4).                                                                                                          
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