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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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 atPage: 1 2 3 4 NextLast modified: November 3, 2007