Ex parte PENN 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                     not binding precedent of the Board.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. 20                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                                __________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                                __________                                                                                             
                         Ex parte STEVEN M. PENN, DAVID N. JONES and MICHAEL E. EMBREE                                                                                                 
                                                                                __________                                                                                             
                                                                     Appeal No. 1997-13801                                                                                             
                                                                   Application 08/301,508                                                                                              
                                                                               ___________                                                                                             
                                                                                  ON BRIEF                                                                                             
                                                                               ___________                                                                                             
                     Before COHEN, McQUADE and GONZALES, Administrative Patent                                                                                                         
                     Judges.                                                                                                                                                           
                     McQUADE, Administrative Patent Judge.                                                                                                                             

                                                                        DECISION ON APPEAL                                                                                             
                                Steven M. Penn et al. originally took this appeal from                                                                                                 



                                1 Application for patent filed September 7, 1994.                                                                                                      
                     According to appellants, the application is a continuation of                                                                                                     
                     Application 07/923,278, filed July 31, 1992; which is a                                                                                                           
                     continuation-in-part of Application 07/905,069, filed June 24,                                                                                                    
                     1992, now U.S. Patent No. 5,206,009, issued November 9, 1993;                                                                                                     
                     which is a continuation of Application 07/648,081, filed                                                                                                          
                     January 31, 1991, now abandoned.                                                                                                                                  
                                                                                          1                                                                                            





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