Ex Parte MCWHERTER 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                               for publication and is not binding precedent of the Board.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. 16                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                __________                                                  
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                                __________                                                  
                            Ex parte CHARLES A. MCWHERTER, YIQING FENG                                      
                    JOHN P. MCKEARN, NICHOLAS R. STATEN, PHILIP R. STREETER,                                
                     SUSAN L. WOULFE, NANCY I. MINSTER, and JOHN C. MINNERLY                                
                                                __________                                                  
                                           Appeal No. 2001-1580                                             
                                         Application No. 08/955,090                                         
                                                __________                                                  
                                                ON BRIEF                                                    
                                                __________                                                  
               Before WILLIAM F. SMITH, MILLS, and GRIMES, Administrative Patent Judges.                    
               GRIMES, Administrative Patent Judge.                                                         

                                          DECISION ON APPEAL                                                
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                
               final rejection of claims 1-11, all of the claims in the application.  Claim 1 is            
               representative and reads as follows:                                                         














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