Ex parte SCALLIET et al. - 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          for publication in a law journal and (2) is not binding precedent of the Board.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. 15                

                       UNITED STATES PATENT AND TRADEMARK OFFICE                            
                                       _____________                                        
                           BEFORE THE BOARD OF PATENT APPEALS                               
                                    AND INTERFERENCES                                       
                                       _____________                                        
                            Ex parte ROBERT M. SCALLIET and                                 
                                     RAYMOND R. RUTH                                        
                                       _____________                                        
                                    Appeal No. 94-3184                                      
                                 Application 07/924,8281                                    
                                      ______________                                        
                                         ON BRIEF                                           
                                     _______________                                        

          Before CAROFF, JOHN D. SMITH and HANLON, Administrative Patent                    
          Judges.                                                                           
          HANLON, Administrative Patent Judge.                                              

                                    DECISION ON APPEAL                                      
                This is an appeal under 35 U.S.C.  134 from the final                      
          rejection of claims 5 and 6, all of the claims pending in the                     
          application.  Claim 5 is illustrative of the subject matter on                    
          appeal and reads as follows:                                                      

                5.   A composition for use as a fuel comprising:                            

            Application for patent filed August 4, 1992.1                                                                           
                                             1                                              





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