Ex parte RUBIN - 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                         journal and (2) is not binding precedent of the Board.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. 21                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                   Ex parte BURTON S. RUBIN                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 96-2860                                                                    
                                                Application No. 08/049,4081                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before CALVERT, FRANKFORT, and NASE, Administrative Patent                                                                    
                Judges.                                                                                                                       
                NASE, Administrative Patent Judge.                                                                                            



                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the examiner's final                                                               
                rejection of claims 41 through 61, which are all of the claims                                                                
                pending in this application.2                                                                                                 



                         1Application for patent filed April 20, 1993.                                                                        
                         2The rejection of claims 41 through 61 under 35 U.S.C.                                                               
                § 112, second paragraph, made in the final rejection was overcome                                                             
                by the amendments filed on March 13, 1995 (Paper No. 10) and                                                                  
                April 3, 1995 (Paper No. 13).  See the Advisory Actions of March                                                              
                21, 1995 (Paper No. 11) and April 26, 1995 (Paper No. 14).                                                                    




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