Ex parte STATZ - 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                 (2) is not binding precedent of the Board.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. 46                                 
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                 _______________                                                                         
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                            
                                                                 _______________                                                                         
                                                          Ex parte ROBERT J. STATZ                                                                       
                                                                  ______________                                                                         
                                                                Appeal No. 95-4387                                                                       
                                                             Application 08/021,7411                                                                     
                                                                 _______________                                                                         
                                                                     ON BRIEF                                                                            
                                                                 _______________                                                                         
                 Before KIMLIN, WEIFFENBACH 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                                   
                 claim 27, the sole claim in the application.                                                                                            
                          We will not sustain the ground of rejection of the appealed claim under 35 U.S.C '  103                                        




                 over Ohmae et al. in view of Coran et al. and further in view of EP >139.2,3  It is well settled that                                   
                                                                                                                                                        
                 1  Application for patent filed February 23, 1993. According to appellant, this application is a                                        
                 continuation-in-part of application 07/315,291, filed February 24, 1989, now abandoned, which is                                        
                 a continuation-in-part of application 07/193,630, filed May 13, 1988, now abandoned.                                                    
                 2  The references relied on by the examiner with respect to the ground of rejection are listed at                                       






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