Ex parte DOWNING 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                          journal and (2) is not binding precedent of the Board.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. 36                                                   

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                             ________________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                             ________________                                                                           
                                  Ex parte RICHARD S. DOWNING and JOHN E. TRAISE                                                                        
                                                             ________________                                                                           
                                                           Appeal No. 96-1227                                                                           
                                                       Application 08/134,8531                                                                          
                                                             ________________                                                                           
                                                                    ON BRIEF                                                                            
                                                             ________________                                                                           
                 Before COHEN, FRANKFORT and McQUADE, Administrative Patent                                                                             
                 Judges.                                                                                                                                
                 McQUADE, Administrative Patent Judge.                                                                                                  


                                                           DECISION ON APPEAL                                                                           
                          Richard S. Downing et al. originally took this appeal                                                                         


                          1Application for patent filed October 12, 1993.                                                                               
                 According to appellants, the application is a continuation of                                                                          
                 Application 07/656,439, filed February 19, 1991, now                                                                                   
                 abandoned, which is a continuation-in-part of Application                                                                              
                 07/417,775, filed October 6, 1989, now U.S. Patent No.                                                                                 
                 5,397,427, issued March 14, 1995.                                                                                                      
                                                                         -1-                                                                            





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