Ex parte KUTNER 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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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. 16                                       


                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                              Ex parte BARRY S. KUTNER and DANIEL A. LATOWICKI                                                                
                                                              __________                                                                      
                                                        Appeal No. 95-0084                                                                    
                                                    Application 07/857,3291                                                                   
                                                              __________                                                                      
                                                   HEARD:  January 15, 1998                                                                   
                                                              __________                                                                      


                Before JOHN D. SMITH, GARRIS and OWENS, Administrative Patent                                                                 
                Judges.                                                                                                                       
                GARRIS, Administrative Patent Judge.                                                                                          






                         1Application for patent filed March 25, 1992.  According                                                             
                to appellants, this application is a continuation-in-part of                                                                  
                Application 07/692,736 filed April 29, 1991, now U.S. Patent No.                                                              
                5,413,757 issued May 9, 1996, which is a continuation of                                                                      
                Application 07/274,768 filed November 22, 1988, now U.S. Patent                                                               
                No. 5,039,495 issued August 13, 1991, which is a continuation-in-                                                             
                part of Application 07/184,246 filed April 21, 1988, now U.S.                                                                 
                Patent No. 5,019,344 issued May 28, 1991.                                                                                     
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