Ex parte GAUGER 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                    for publication in a law journal and (2) is not binding precedent of the Board.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 DEREK K. GAUGER and JOSEPH J. GRAJEWSKI                                                                      
                                                                   ____________                                                                         
                                                             Appeal No. 98-1455                                                                         
                                                      Application No. 08/625,9361                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before COHEN, 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 1 through 20, which are all of the claims                                                                          
                 pending in this application.2                                                                                                          

                          1Application for patent filed April 1, 1996.                                                                                  
                          2Claims 10, 16, 17 and 20 were amended subsequent to the                                                                      
                 final rejection.  It is apparent that the examiner has                                                                                 
                 withdrawn the rejection of claims 10, 17 and 20 under 35                                                                               
                 U.S.C. § 112, second paragraph, made in the final rejection                                                                            
                 since the answer does not set forth this rejection as a ground                                                                         





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