Ex parte LIPOVAC - 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                                          for publication and is not binding precedent of the Board.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.  26                       


                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                                    
                                                                ____________                                                                      

                                           BEFORE THE BOARD OF PATENT APPEALS                                                                     
                                                          AND INTERFERENCES                                                                       
                                                                ____________                                                                      

                                                     Ex parte JOSEPH E. LIPOVAC                                                                   
                 ____________                                                                                                                     
                                                                                                                                                 
                 Appeal No. 1998-2985                                                                                                             
                 Application No.  08/725,212                                                                                                      
                                                                ____________                                                                      

                    ON BRIEF                                                                                                                      
                                                               ____________                                                                      

                 Before PAK, OWENS, and LIEBERMAN, 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 14,                                           

                 16, 17, 23 and 24, and the decision of the examiner refusing to allow claims 18 and 25                                           

                 as amended subsequent to the final rejection.  Claims 19 through 22 stand withdrawn                                              

                 from consideration pursuant to a requirement for restriction.  See the Office action dated                                       
                                                          1                                                                                       
                 August 22, 1997,  paper no. 7.                                                                                                   

                         1Although the Brief, page 2, states that “[c]laims 15 and 19-22 are withdrawn                                            
                 from consideration,” the amendment received November 10, 1997 canceled claim 15.                                                 





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