Ex parte FLOYD - 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                   journal and (2) is not binding precedent of the                                            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. 25                     
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                         
                                              _____________                                                   
                                 BEFORE THE BOARD OF PATENT APPEALS                                           
                                            AND INTERFERENCES                                                 
                                              _____________                                                   
                                        Ex parte DAVID T. FLOYD                                               
                                              _____________                                                   
                                           Appeal No. 95-4477                                                 
                                        Application 08/006,3501                                               
                                             ______________                                                   
                                                 ON BRIEF2                                                    
                                             _______________                                                  
            Before:  WILLIAM F. SMITH, Administrative Patent Judge, and                                       
            McKELVEY, Senior Administrative Patent Judge and SCHAFER,                                         
            Administrative Patent Judge.                                                                      
            McKELVEY, Senior Administrative Patent Judge.                                                     
                             Decision on appeal under 35 U.S.C. § 134                                         
                   The appeal is from a decision of the Primary Examiner                                      
            rejecting claims 1-14, 21 and 23-25.  We vacate the examiner's                                    
            rejection, and enter a new ground of rejection.                                                   



               Application for patent filed January 19, 1993.  The real party in interest is1                                                                                            
            believed to be Th. Goldschmidt AG.                                                                
               Applicant requested oral argument.  We are informed, however, that applicant2                                                                                            
            orally waived oral argument during a telephone conversation with Administrator Amalia             
            Santiago.  Accordingly, the appeal is being decided on brief without oral argument.               





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