Ex parte BUSCEMI - 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                         journal and (2) is not binding precedent of the Board.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. 24                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                   Ex parte PAUL J. BUSCEMI                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 97-2552                                                                    
                                                Application No. 08/541,6581                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before CALVERT, ABRAMS, 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 3 through 8.  Claims 1, 2 and 9 through 18                                                                
                have been allowed.                                                                                                            


                         We REVERSE and enter a new rejection pursuant to 37 CFR                                                              

                         1Application for patent filed October 2, 1995.  According                                                            
                to the appellant, the application is a continuation of                                                                        
                Application No. 08/134,978, filed October 12, 1993, now                                                                       
                abandoned.                                                                                                                    





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