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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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