Ex parte WALCZAK et al. - Page 1




                  The opinion in support of the decision entered today is not         
                              binding precedent of the Board.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 PETER W. WALCZAK, CHARLES HENRY DUFOUR,                    
                     MICHAEL STEVENSON, JOHN SHERIDAN RICHARDS,                       
                            and ROLAND THOMAS PALMATHER                               
                                 __________________                                   
                                Appeal No. 2000-0828                                  
                               Application 08/844,3501                                
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before LEE, GARDNER-LANE and MEDLEY, Administrative Patent                  
          Judges.                                                                     
          MEDLEY, Administrative Patent Judge.                                        
                            MEMORANDUM OPINION and ORDER                              
          A.   Introduction and background                                            
               On December 22, 2000, a decision, with accompanying                    
          opinion, was entered by the Board in Appeal 00-0828.  In its                
          decision, the merits panel                                                  
                    (A) vacated the Examiner’s rejections of (1) claims               
          1, 2 and 16 as being unpatentable under 35 U.S.C. § 103 over                
          Guaraldi in view of Harenza; (2) claims 7 and 8 as being                    


               1                                                                      
                    Application for patent filed April 18, 1997.                      





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