Ex parte LUBOWITZ 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                    was not written for publication in a law journal and (2) is not                                                                                        
                    binding precedent of the Board.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. 23                                                 

                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                           __________                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                                           __________                                                                                      
                                     Ex parte HYMAN R. LUBOWITZ and CLYDE H. SHEPPARD                                                                                      
                                                                           __________                                                                                      
                                                                   Appeal No. 95-3097                                                                                      
                                                              Application 07/639,0511                                                                                      
                                                                           __________                                                                                      
                                                                             ON BRIEF                                                                                      
                                                                           __________                                                                                      

                    Before JOHN D. SMITH, GARRIS and ELLIS, Administrative Patent                                                                                          
                    Judges.                                                                                                                                                
                    ELLIS, Administrative Patent Judge.                                                                                                                    

                                                                   DECISION ON APPEAL                                                                                      

                              This is an appeal from the examiner’s final rejection of                                                                                     
                    claims 5, 6, 9, 10, 12, 18 through 20, 27, 28, 30, 32, 34 through                                                                                      
                    37, 40, 41, 43 through 46, 54 through 57, 63 through 66 and 69.                                                                                        
                    Claims 11, 16, 29, 31, 33, 42, 67, 68, 70 and 71 are also                                                                                              
                    pending, however, the examiner has now withdrawn the rejection                                                                                         

                              1Application for patent filed January 9, 1991.                                                                                               
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