Ex Parte SCHWINDEMAN 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                     publication and is not binding precedent of the Board.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. 35         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                      ____________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                   
                                      ____________                                     
                              Ex parte JAMES SCHWINDEMAN,                              
                          RANDY W. HALL, and SONIA S. STRYKER                          
                                      ____________                                     
                                  Appeal No. 2002-2283                                 
                              Application No. 08/882,5131                              
                                                                                      
                                        ON BRIEF                                       
                                      ____________                                     

          Before WINTERS, GRON, and NAGUMO, Administrative Patent Judges.              
          GRON, Administrative Patent Judge.                                           
                        DECISION ON APPEAL UNDER 35 U.S.C. § 134                       
                                      Introduction                                     
               Based on the Notice of Appeal to the Board Of Patent Appeals            
          And Interferences filed under 37 CFR § 1.191 (Paper No. 24), this            
          is an appeal under 35 U.S.C. § 134 of an examiner’s final rejection          
          of “Claims 1-10, 20-22, and 26-31 . . . under 35 U.S.C. § 103(a) as          

               1    Application for patent filed June 25, 1997.  According             
          to applicant, this application claims benefit under 35 U.S.C.                
          § 119(e) of copending Provisional Applications 60/020,781, filed             
          June 28, 1996, and 60/022,225, filed July 19, 1996.                          





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