Ex parte ROGERS 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                         journal and (2) is not binding precedent of the Board.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. 21                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                            Ex parte KENNETH D. ROGERS and RANDOLPH B. ROBINSON                                                               
                                                             ____________                                                                     
                                                        Appeal No. 96-3611                                                                    
                                                Application No. 08/306,6881                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before THOMAS, HAIRSTON and BARRETT, Administrative Patent                                                                    
                Judges.                                                                                                                       
                HAIRSTON, Administrative Patent Judge.                                                                                        


                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the final rejection of claims 1                                                               
                through 6, 8 and 9.  In a first Amendment After Final (paper                                                                  
                number 7), claims 1, 4 and 9 were amended, and claims 2 and 3                                                                 
                were canceled.  In response to this amendment, the examiner                                                                   
                allowed claims 4 and 9 (paper number 8).  In a second Amendment                                                               
                After Final (paper number 10), claims 4 and 8 were amended.  In a                                                             
                third Amendment After Final (paper number 14), claims 5 and 6                                                                 

                         1Application for patent filed September 15, 1994.                                                                    





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