Ex parte NEWBY 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                 (2) is not binding precedent of the Board.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. 48                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                   __________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                   __________                                                                           
                                      Ex parte STEPHEN K. NEWBY and RANDY G. OGG                                                                        
                                                                   __________                                                                           
                                                           Appeal No. 96-2657                                                                           
                                                       Application 08/212,3791                                                                          
                                                                   __________                                                                           
                                                                    ON BRIEF                                                                            
                                                                   __________                                                                           

                 Before COHEN, KRASS and FLEMING, Administrative Patent Judges.                                                                         
                 FLEMING, Administrative Patent Judge.                                                                                                  
                                                           DECISION ON APPEAL                                                                           
                          This is a decision on appeal from the final rejection of                                                                      


                          1Application for patent filed March 14, 1994.  According                                                                      
                 to appellants, this application is a continuation of                                                                                   
                 application 08/135,751, filed October 12, 1993, abandoned,                                                                             
                 which is a continuation of application 07/758,926, filed                                                                               
                 September 11, 1991, abandoned.                                                                                                         
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