Ex parte BARBER - 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           for publication in a law journal and (2) is not binding precedent of the Board.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. 40         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     

                              Ex parte LEONARD A. BARBER                              
                                     ____________                                     
                                 Appeal No. 1997-2335                                 
                              Application No. 08/367,913                              
                                     ____________                                     
                                 HEARD: July 10, 2000                                 
                                     ____________                                     

          Before GARRIS, PAK, and KRATZ, Administrative Patent Judges.                
          KRATZ, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 51-60, which are all of the claims pending              
          in this application.                                                        
                                     BACKGROUND                                       
               Appellant's invention relates to a vinylidene fluoride                 
          (VDF) hexafluorpropylene (HFP) copolymer having a major                     
          vinylidene fluoride homopolymer domain.  According to                       





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