Ex Parte BERGEY 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              journal and (2) is not binding precedent of the Board.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. 11             
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                   _____________                                    

                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                   _____________                                    

                    Ex parte JAMES L. BERGEY, WERNER TSCHOLLAR,                     
                         CARY S. YONCE and JAMES C. KAWANO                          
                                   _____________                                    
                                 Appeal No. 94-2113                                 
                              Application 07/801,2071                               
                                  ______________                                    
                                      ON BRIEF                                      
                                  _______________                                   

         Before WINTERS and WILLIAM F. SMITH, Administrative Patent                 
         Judges, and McKELVEY, Senior Administrative Patent Judge.                  

         Per Curiam                                                                 
                      Decision on appeal under 35 U.S.C. § 134                      
              The appeal is from a decision of the Primary Examiner                 
         rejecting claims 1 to 4, 11 to 16 and 19-28.  The examiner and             
         applicants seem to agree on the essential facts.  We affirm but            


                                                                                   
         1 Application for patent filed December 2, 1991, which is a                
         continuation-in-part of Application Number 07/524,266 filed                
         May 15, 1990.  The real party in interest is Bristol-Myers Squibb          
         Company.                                                                   





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