Ex parte FERRY et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
                    This opinion was not written for publication                      
                    and is not binding precedent of the Board.                        
                                                               Paper No. 21           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                        Ex parte THOMAS FERRY and JANN WILSON                         
                                    ____________                                      
                                 Appeal No. 95-1292                                   
                               Application 07/911,471                                 
                                    ____________                                      
                                      ON BRIEF1                                       
                                    ____________                                      
          Before KRASS, JERRY SMITH, and TORCZON, Administrative Patent               
          Judges.                                                                     
          TORCZON, Administrative Patent Judge.                                       
                       FINDINGS OF FACT AND CONCLUSIONS OF LAW                        
                                  FINDINGS OF FACT                                    
               We have reviewed the record in its entirety in light of the            
          arguments of Applicants and the examiner.  Our decision presumes            
          familiarity with the entire record.  A preponderance of the                 
          evidence of record supports each of the following fact findings.            
          A.   The nature of the case                                                 
          A    This is an appeal under 35 U.S.C.  134 from the final                 
               rejection of claims 1, 2, 4-9, and 11-21, which are all of             


               1    Applicants waived the hearing.  (Paper 20.)                       





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