Ex parte DARR 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          was not written for publication in a law journal and (2) is not             
          binding precedent of the Board.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. 18                   


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                 Ex parte RICHARD C. DARR and MICHAEL C. KITZMILLER                   
                                     __________                                       
                                 Appeal No. 95-0353                                   
                               Application 07/837,2411                                
                                     __________                                       
                                HEARD:  April 8, 1997                                 
                                     __________                                       

          Before KIMLIN, JOHN D. SMITH and WEIFFENBACH, Administrative2                                               
          Patent Judges.                                                              
          WEIFFENBACH, Administrative Patent Judge.                                   

                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C.  134 from the            
          examiner's final rejection of claims 1-6.  We reverse.                      


               Application for patent filed February 14, 1992.1                                                                     
               Administrative Patent Judge Thierstein, who participated in the oral2                                                                     
          hearing held on April 8, 1997, was not available to take part in this       
          decision.  Administrative Patent Judge John D. Smith has been substituted for
          Administrative Patent Judge Thierstein.  In re Bose Corp., 772 F.2d 866, 869,
          227 USPQ 1, 4 (Fed. Cir. 1985).                                             
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