Ex parte FIALA 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          not binding precedent of the Board.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. 16              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                    Ex parte ANTHONY FIALA, THOMAS D. SMITH and                       
                                 THOMAS D. SMITH JR.                                  
                                    _____________                                     
                                 Appeal No. 98-0024                                   
                               Application 08/467,3061                                
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before CALVERT, COHEN and FRANKFORT, Administrative Patent                  
          Judges.                                                                     
          CALVERT, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 10                
          to 25.  Claims 4 to 9, the other claims remaining in the                    
          applica-tion, stand withdraw from consideration under 37 CFR §              
          1.142(b) as being directed to nonelected inventions.                        

               Application for patent filed June 6, 1995.1                                                                     
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