Ex parte PEAY - 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                         journal and (2) is not binding precedent of the Board.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. 23                                               

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                         ________________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                         ________________                                                                     
                                      Ex parte KENT PEAY, DAVID A. McCLOSKEY                                                                  
                                                      and JAN M. ANDERSSON                                                                    
                                                         ________________                                                                     
                                                        Appeal No. 96-3031                                                                    
                                                    Application 08/098,0621                                                                   
                                                         ________________                                                                     
                                                                ON BRIEF                                                                      
                                                         ________________                                                                     
                Before ABRAMS, STAAB, McQUADE, Administrative Patent Judges.                                                                  
                McQUADE, Administrative Patent Judge.                                                                                         


                                                        DECISION ON APPEAL                                                                    
                         This appeal was taken from the final rejection of claims 1,                                                          
                2, 6 through 9, 13, 14 and 26.  The examiner has since indicated                                                              
                claim 26, which was amended subsequent to final rejection, to                                                                 
                stand allowed.  Thus, the appeal as to claim 26 is hereby                                                                     
                dismissed, leaving for review the standing rejection of claims 1,                                                             

                         1Application for patent filed July 28, 1993.                                                                         
                                                                    -1-                                                                       





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