Ex parte BENE - 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          was not written for publication in a law journal and (2) is not             
          binding precedent of the Board.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. 20                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                               Ex parte BERNARD BENE                                 
                                    ____________                                      
                                 Appeal No. 95-3830                                   
                               Application 07/942,4601                                
               ____________                                                           
                                      ON BRIEF                                        
                                    ____________                                      
          Before KRASS, JERRY SMITH 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 12, 15-17, 20-22, 25 and 26            
          under 35 U.S.C.  103 as being unpatentable over prior art.                 
          Claims 1-11 have been canceled.  Dependent claims 13, 14, 18, 19,           
          23 and 24 have been indicated as being allowable if presented in            
          proper form.                                                                
                        References Relied on by the Examiner                          


           Application for patent filed September 9, 1992.1                                                                      

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