Ex parte BRIAN E. FITZGERALD 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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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. 33                                       
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                              Ex parte BRIAN E. FITZGERALD, DONALD F. LIENERT                                                                 
                                                    and RONALD J. PASCUCCI                                                                    
                                                              __________                                                                      
                                                        Appeal No. 96-0814                                                                    
                                                    Application 08/066,3311                                                                   
                                                              __________                                                                      
                                                                ON BRIEF                                                                      
                                                              __________                                                                      
                Before MEISTER, ABRAMS and STAAB, Administrative Patent Judges.                                                               
                STAAB, Administrative Patent Judge.                                                                                           

                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the examiner’s final rejection of                                                             
                claims 1, 4-6, 9 and 10.  These constitute all the claims                                                                     
                remaining in the application.  We affirm-in-part.                                                                             
                         Appellants’ invention pertains to a method of using the                                                              
                spindle of a machine tool to move a rotary fixture to any of a                                                                


                         1Application for patent filed May 24, 1993.  According to                                                            
                appellants, this application is a continuation of Application                                                                 
                07/917,833 filed July 21, 1992, now abandoned.                                                                                
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