Ex parte DONALD W. KELLEY - Page 1




                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                
                The opinion in support of the decision being entered today (1)                                                                
                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.                                                                                               
                                                                                           Paper No. 22                                       

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                                                  Ex parte DONALD W. KELLEY                                                                   
                                                              __________                                                                      
                                                        Appeal No. 94-1550                                                                    
                                                    Application 07/893,6621                                                                   
                                                              __________                                                                      
                                                                ON BRIEF                                                                      
                                                              __________                                                                      

                Before KIMLIN, JOHN D. SMITH and WEIFFENBACH, Administrative                                                                  
                Patent Judges.                                                                                                                
                JOHN D. SMITH, Administrative Patent Judge.                                                                                   

                                                        DECISION ON APPEAL                                                                    
                         This is an appeal pursuant to 35 U.S.C.  134 from the final                                                         
                rejection of claims 1 through 20.                                                                                             
                         Claim 1 is representative and is reproduced below:                                                                   
                         1.      A biologically active ingredient containing liquid                                                           
                formulation for depositing the active ingredient on a substrate                                                               


                         1Application for patent filed June 5, 1992.  According to                                                            
                appellant, this application is a continuation-in-part of                                                                      
                Application 07/670,306 filed March 15, 1991, now abandoned.                                                                   
                                                                      1                                                                       





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