Ex parte ZANIG 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                                   was not written for publication and is not binding precedent of                                       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. 11                             

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                          _______________                                                                

                                          BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                

                                                     Ex parte DAVID J. ZANIG,                                                            
                                          PAUL H. SANDSTROM, JOSEPH W. MILLER                                                            
                                                      and RICHARD R. SMITH                                                               
                                                           ______________                                                                

                                                        Appeal No. 1998-3256                                                             
                                                        Application 08/692,325                                                           
                                                          _______________                                                                

                                                              ON BRIEF                                                                   
                                                          _______________                                                                

                Before WARREN, KRATZ and TIMM, Administrative Patent Judges.                                                             

                WARREN, Administrative Patent Judge.                                                                                     
                                                   Decision on Appeal and Opinion                                                        
                        We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the                      
                opposing views of the examiner, in the answer, and appellants, in the brief, and based on our review,                    
                find that we cannot sustain the rejections of appealed claims 1 through 5, 7, 8 and 10 under 35 U.S.C.                   
                § 102(b) as being anticipated by Smith; of appealed claims 1 through 10 under 35 U.S.C. § 103(a) as                      
                being unpatentable over Smith in view of Obrecht et al. (Obrecht) and Sandstrom et al. (Sandstrom); of                   
                1, 2 and 6 through 10 under § 102(b) as being anticipated by Ogawa et al. (Ogawa); and of appealed                       
                claims 1 through 10 under § 103(a) as being unpatentable over Ogawa in view of Smith, Obrecht and                        



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