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          for publication in a law journal and (2) is not binding precedent of the Board.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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