Ex parte NOGAR - 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           for publication in a law journal and (2) is not binding precedent of the Board.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. 12         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                      ____________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                   
                                      ____________                                     
                               Ex parte NICHOLAS S. NOGAR                              
                                      ____________                                     
                                  Appeal No. 1997-1861                                 
                               Application No. 08/412,235                              
                                      ____________                                     
                                        ON BRIEF                                       
                                      ____________                                     
          Before WARREN, KRATZ, and DELMENDO, Administrative Patent                    
          Judges.                                                                      
          KRATZ, Administrative Patent Judge.                                          


                                   DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's refusal                
          to allow claims 1-3, 5-8 and 10, which are all of the claims                 
          pending in this application.                                                 
                                      BACKGROUND                                       
               Appellant's invention relates to a method of determining                
          the amount of lead in a liquid blood sample.  An understanding               


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