Ex parte BRIERLEY et al. - Page 1




                      The opinion in support of the decision being entered today was not written                         
                              for publication and is not binding precedent of the Board.                                 


                                                                                           Paper No.  41                 


                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                     ____________                                                        

                                    BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                AND INTERFERENCES                                                        
                                                     ____________                                                        

                                            Ex parte JAMES A. BRIERLEY                                                   
                                                          and                                                            
                                                    DAVID L. HILL                                                        
              ____________                                                                                               

              Appeal No. 1998-1855                                                                                       
              Application No. 08/459,537                                                                                 
              ___________                                                                                                

              ON BRIEF                                                                                                   
              ____________                                                                                               


              Before OWENS, LIEBERMAN, and PAWLIKOWSKI, Administrative Patent Judges.                                    

              LIEBERMAN, Administrative Patent Judge.                                                                    


                                               DECISION ON APPEAL                                                        

                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1                        

              through 17, 27 through 31, 33 through 35, 37, 38, 40 through 42, 44, 45, 47                                

              through 49, 51 and 52 and the decision of the examiner refusing to allow claims 32,                        

              36, 39, 43, 46 and 50 as amended subsequent to the final rejection.   See the                              

              amendment received April 16, 1997, and the Advisory action dated May 2, 1997.                              






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