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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 18 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte TIMOTHY P. FITZGERALD, and DAVID J. ROTHER _____________ Appeal No. 95-3161 Application 08/090,9211 ______________ ON BRIEF _______________ Before URYNOWICZ, LEE and CARMICHAEL, Administrative Patent Judges. LEE, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of claims 1, 5 and 9. Claims 2-4, 6-8 and 10-17 have been canceled. No claim has been allowed. Application for patent filed July 12, 1993. According to the appellants, the1 application is a continuation of application 07/776,201, filed October 15, 1991, now Patent No. 5,255,251, which is a continuation-in-part of application 07/602,631, filed October 24, 1990, now Patent No. 5,123,000. 1Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007