Ex parte SOMMERFELD 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                         journal and (2) is not binding precedent of the Board.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. 29                          


                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                         ________________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                         ________________                                                                     
                          Ex parte EUGENE G. SOMMERFELD and FRANK L. SCHADT III                                                               
                                                         ________________                                                                     
                                                        Appeal No. 95-3734                                                                    
                                                Application No. 08/043,6201                                                                   
                                                         ________________                                                                     
                                                                ON BRIEF                                                                      
                                                         ________________                                                                     

                Before WINTERS, OWENS and WEIMAR, Administrative Patent Judges.                                                               
                WINTERS, Administrative Patent Judge.                                                                                         

                                                        DECISION ON APPEAL                                                                    
                         This appeal was taken from the examiner's decision rejecting                                                         
                claims 1 through 23, 40 through 42 and 99.  Claims 24 through 39                                                              
                and 46 through 98, which are the only other claims remaining in                                                               

                         1Application for patent filed April 7, 1993.  According                                                              
                to appellants, this application is a continuation of Application                                                              
                No. 07/662,539, filed February 28, 1991, now abandoned; which is                                                              
                a continuation-in-part of Application No. 07/414,417, filed                                                                   
                September 29, 1989, now abandoned; which is a continuation-in-                                                                
                part of Application No. 07/162,966, filed March 2, 1988, now                                                                  
                abandoned.                                                                                                                    
                                                                    -1-                                                                       




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