Ex parte THEOBALD - 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          was not written for publication in a law journal and (2) is not             
          binding precedent of the Board.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. 23                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                           Ex parte STEPHEN C. THEOBALD                              
                                    ____________                                      
                                 Appeal No. 95-0907                                   
                               Application 07/774,7571                                
               ____________                                                           
                                      ON BRIEF                                        
                                    ____________                                      
          Before JERRY SMITH, FLEMING and LEE, Administrative Patent                  
          Judges.                                                                     
          LEE, 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 1-20 under 35 U.S.C.  103             
          as being unpatentable over prior art.  No claim has been allowed.           
                    References in the Stated Ground of Rejection                      
          Rattan et al.       U.S. Patent No. 4,698,770     Oct. 6, 1987              
          (Rattan)                                                                    
          Wang et al.  (Wang)                                                         
          "Protocol Testing Techniques," Computer Communication, Vol. 10,             

           Application for patent filed October 8, 1991.                              

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