Ex parte KANE - 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              publication in a law journal and (2) is not binding precedent of the Board.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. 17                               

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                     __________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                   
                                               AND INTERFERENCES                                                        
                                                     __________                                                         
                                               Ex parte JAMES KANE                                                      
                                                     __________                                                         
                                                Appeal No. 1996-2769                                                    
                                               Application 08/270,089                                                   
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         

              Before JOHN D. SMITH, ELLIS and KRATZ, Administrative Patent Judges.                                      
              ELLIS, Administrative Patent Judge.                                                                       

                                               DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of                     
              claims 1 through 7 and 9 through 17, all the claims remaining in the application.                         
                     Claim 1 is illustrative of the subject matter on appeal and reads as follows:                      
                     1.  A process for the preparation of small particles size spherical phosphor particles             
              which comprises:                                                                                          
                     a) preparing an aqueous solution of soluble salts of a rare earth phosphor-precursor               
              metal in amounts required to make a phosphor and an organic chemical that releases                        
              hydroxyl ions by hydrolysis;                                                                              






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