Ex parte FRESCO 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                 publication and is not binding precedent of the Board.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. 28                     

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                      __________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                               AND INTERFERENCES                                                          
                                                      __________                                                          
                           Ex parte  JACQUES R. FRESCO, BIN LIU and LYNN C. KLOTZ                                         
                                                      __________                                                          
                                                 Appeal No. 1998-2648                                                     
                                                 Application 08/473,888                                                   
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
                 Before ROBINSON, MILLS, and GRIMES,  Administrative Patent Judges.                                       
                 GRIMES, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                         
                         An oral hearing in this case was scheduled for April 24, 2001.  Upon                             
                 reviewing the case, however, we have determined that an oral hearing will not be                         
                 necessary and we render the following decision based on the record.                                      
                         This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                           
                 final rejection of claims 1 -14.1  Claim 1 is representative and reads as follows:                       


                                                                                                                          
                 1 Claims 15-23 are also pending but have been withdrawn from consideration following a                   
                 restriction requirement.                                                                                 





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