Ex parte COSTIN - 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                                   (2) is not binding precedent of the Board.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. 19                                 
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                        
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                            AND INTERFERENCES                                                                          
                                                                _______________                                                                        
                                                       Ex parte C. RICHARD COSTIN                                                                      
                                                                 ______________                                                                        
                                                               Appeal No. 95-4682                                                                      
                                                             Application 08/107,5361                                                                   
                                                                _______________                                                                        
                                                                    ON BRIEF                                                                           
                                                                _______________                                                                        
                 Before KIMLIN, JOHN D. SMITH 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                                 
                 claims 1 through 11.  Claims 12 through 21 are also of record and stand withdrawn from further                                        
                 consideration.                                                                                                                        
                          We have carefully considered the record before us, and based thereon, find that we cannot                                    
                 sustain the ground of rejection of appealed claims 1 through 10 under 35 U.S.C. '  102(b)2 as                                         
                 being anticipated by Evani3 or Kent et al. or Kmiec et al., or the ground of rejection of appealed                                    
                                                                                                                                                      
                 1  Application for patent filed August 17, 1993.                                                                                      
                 2  Each of the applied references is applicable prior art to the claimed invention under '  102(b).                                   
                 3  The references relied on by the examiner with respect to the grounds of rejection are listed at                                    
                 page 2 of the answer. We refer to these references in our opinion by the name associated                                              
                 therewith by the examiner.                                                                                                            

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