Ex parte HAMMER - 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                         journal and (2) is not binding precedent of the Board.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. 26                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                  Ex parte MORDECHAI HAMMER                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 96-1870                                                                    
                                                    Application 08/088,5701                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before LYDDANE, STAAB, and McQUADE, Administrative Patent Judges.                                                             
                McQUADE, Administrative Patent Judge.                                                                                         


                                                        DECISION ON APPEAL                                                                    
                         This appeal is from the final rejection of claims 3 and 5.                                                           
                Claims 1, 2 and 4, the only other claims pending in the                                                                       
                application, stand withdrawn from consideration pursuant to                                                                   
                37 CFR  1.142(b).                                                                                                            



                         1Application for patent filed July 9, 1993.  According to                                                            
                the appellant, the application is a continuation-in-part of                                                                   
                Application 07/923,657, filed August 3, 1992, now Patent No.                                                                  
                5,322,334, issued June 21, 1994; which is a continuation-in-part                                                              
                of Application 07/912,415, filed July 13, 1992, now Patent No.                                                                
                5,324,086, issued June 28, 1994.                                                                                              





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