Ex parte JACKSON 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                                   (2) is not binding precedent of the Board.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. 23                                 

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         

                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                            AND INTERFERENCES                                                                           
                                                                _______________                                                                         

                                                         Ex parte JOHN E. JACKSON                                                                       
                                                           and MARIANNE O. PRICE                                                                        
                                                                 ______________                                                                         

                                                               Appeal No. 95-2315                                                                       
                                                              Application 07/917,6701                                                                   
                                                                _______________                                                                         

                                                                     ON BRIEF                                                                           
                                                                _______________                                                                         

                 Before KIMLIN, GARRIS and WARREN, Administrative Patent Judges.                                                                        

                 WARREN, Administrative Patent Judge.                                                                                                   
                                                        Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                   
                 claims 1, 3 through 5 and 9.2  Claims 10 through 19 are also of record and have been withdrawn from                                    
                 consideration by the examiner.                                                                                                         
                          We will not sustain either of the examiner’s grounds of rejection of the appealed claims under                                
                 35 U.S.C. § 103 over appellants’ admissions in their specification, Routsis, Wolfla et al. and McComas                                 
                                                                                                                                                       
                 1  Application for patent filed July 21, 1992. According to appellants, this application is a continuation of                          
                 application 07/729,154, filed July 12, 1991, now abandoned.                                                                            


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