Ex parte PORTER et al. - 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                          written for publication in a law journal and (2) is not binding                                                               
                          precedent of the Board.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. 29                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                  Ex parte ROBERT M. PORTER and MICHAEL L. MUELLER                                                                      
                                                                   ____________                                                                         
                                                           Appeal No. 1996-3126                                                                         
                                                      Application No. 08/300,5861                                                                       
                                                                   ____________                                                                         
                                                         HEARD: January 10, 2000                                                                        
                                                                   ____________                                                                         
                 Before THOMAS, RUGGIERO, and GROSS, Administrative Patent                                                                              
                 Judges.                                                                                                                                
                 GROSS, Administrative Patent Judge.                                                                                                    



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 2, 3, 5, 8 through 10, 12, 21 through 23,                                                                          
                 25, 28, 30, 32, 35, 38, and 52 through 55.  Claims 1, 4, 6, 7,                                                                         

                          1Application for patent filed September 2, 1994.                                                                              
                 According to appellants, this application is a continuation of                                                                         
                 Application No. 08/098,356, filed July 30, 1993, now                                                                                   
                 abandoned; which is a National stage application under                                                                                 
                 35 U.S.C. § 371 of PCT/US92/00844, filed January 30, 1992.                                                                             





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