Ex parte CHRISTIE et al. - Page 5




          Appeal No. 96-3204                                                          
          Application 08/129,636                                                      



          evidence    in the case before us on appeal of an intent to                 
          abandon the invention.                                                      


                    In sum, after reviewing the facts and the cases cited,            
          both pro and con, it is our opinion that the examiner has not               
          shown, by clear and convincing evidence, that appellants                    
          abandoned their invention within the meaning of 35 U.S.C. §                 
          102(c). Accordingly, the examiner's rejection of claims 10                  
          through 30 and 32 through 39 is reversed.                                   


                                      REVERSED                                        




                         NEAL E. ABRAMS               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF PATENT            
                         CHARLES E. FRANKFORT         )     APPEALS AND               
                         Administrative Patent Judge  )    INTERFERENCES              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN P. McQUADE              )                               
                         Administrative Patent Judge  )                               



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