Ex parte FRISBIE 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                          journal and (2) is not binding precedent of the                                                                               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. 42                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                     Ex parte MILO W. FRISBIE and MAVIN C. SWAPP                                                                        
                                                                 ____________                                                                           
                                                           Appeal No. 97-1042                                                                           
                                                    Application No. 07/969,5411                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before HAIRSTON, KRASS and JERRY SMITH, Administrative Patent                                                                          
                 Judges.                                                                                                                                
                 HAIRSTON, Administrative Patent Judge.                                                                                                 


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection of claims 10,                                                                      
                 13 through 15 and 18 through 20.2                                                                                                      

                          1Application for patent filed October 30, 1992.                                                                               
                 According to the appellants, the application is a continuation                                                                         
                 of Application No. 07/582,819, filed September 13, 1990, which                                                                         
                 is a continuation of Application No. 07/413,034, filed                                                                                 
                 September 27, 1989.                                                                                                                    
                          2In the parent application, the Board in a decision dated                                                                     
                 June 10, 1992 found claims 1 and 9 to be anticipated by the                                                                            





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