Ex parte JAMES L. HEDRICK 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                        journal and (2) is not binding precedent of the Board.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. 26                        

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                       ________________                                                                 
                                        BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                 
                                                       ________________                                                                 
                                 Ex parte JAMES L. HEDRICK, DONALD C. HOFER,                                                            
                      JEFFREY W. LABADIE, ROBERT B. PRIME and THOMAS P. RUSSELL                                                         
                                                       ________________                                                                 
                                                     Appeal No. 95-0318                                                                 
                                                 Application 08/031,0461                                                                
                                                       ________________                                                                 
                                                             ON BRIEF                                                                   
                                                       ________________                                                                 
                Before KIMLIN, JOHN D. SMITH and WALTZ, Administrative Patent                                                           
                Judges.                                                                                                                 
                KIMLIN, Administrative Patent Judge.                                                                                    
                                                     DECISION ON APPEAL                                                                 
                        This is an appeal from the final rejection of claims 13-15,                                                     
                17 and 23, all the claims remaining in the present application.                                                         
                Claim 13 is illustrative:                                                                                               
                13. A process for forming a foamed polymer having a pore size                                                           
                less than about 1000D  comprising the steps of:                                                                         
                        a. forming a copolymer of a matrix polymer and a thermally                                                      
                              decomposable polymer which thermally decomposes at a                                                      

                        1Application for patent filed March 11, 1993.  According                                                        
                to appellants, this application is a continuation of Application                                                        
                07/759,022, filed September 13, 1991, now abandoned.                                                                    
                                                                 -1-                                                                    




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