Ex parte ARBUCKLE - 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                 publication in a law journal and (2) is not binding precedent of the Board.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. 8                                  

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           
                                                    Ex parte GARRY D. ARBUCKLE                                                                          
                                                                _____________                                                                           
                                                           Appeal No. 97-2780                                                                           
                                                       Application 08/456,1091                                                                          
                                                               ______________                                                                           
                                                                    ON BRIEF                                                                            
                                                              _______________                                                                           

                 Before McCANDLISH, Senior Administrative Patent Judge and                                                                              
                 FRANKFORT and NASE, Administrative Patent Judges.                                                                                      
                 McCANDLISH, Senior Administrative Patent Judge.                                                                                        

                                                           DECISION ON APPEAL                                                                           
                                                                         and                                                                            
                                                        REMAND TO THE EXAMINER                                                                          
                          This is a decision on an appeal from the examiner’s final                                                                     
                 rejection of claims 1 through 6 under 35 U.S.C. § 103. No                                                                              
                 other claims are pending in the application.                                                                                           



                          1    Application for patent filed May 31, 1995.                                                                               
                                                                           1                                                                            





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