Ex parte NEUHAUS - 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          was not written for publication in a law journal and (2) is not             
          binding precedent of the Board.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. 11                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                              Ex parte THOMAS NEUHAUS                                
                                    ____________                                      
                                 Appeal No. 95-3411                                   
                               Application 08/040,9601                                
               ____________                                                           
                                      ON BRIEF                                        
                                    ____________                                      
          Before JERRY SMITH, LEE and TORCZON, 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 4-8 under 35 U.S.C.  112,             
          second paragraph, as being indefinite and also under 35 U.S.C.              
          103 under prior art.                                                        
                        References Relied on by the Examiner                          
          Bado et al.    U.S. Patent No. 4,703,423   October 27, 1987                 
          (Bado)                                                                      


           Application for patent filed March 31, 1993.                               

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