Ex parte SCHENK 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                   publication in a law journal and (2) is not binding precedent of the Board.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. 44                                     

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                  
                                                                         __________                                                                                 
                                                BEFORE THE BOARD OF PATENT APPEALS                                                                                  
                                                                AND INTERFERENCES                                                                                   
                                                                         __________                                                                                 
                                                            Ex parte DALE B. SCHENK,                                                                                
                                               ROBIN M. BARBOUR and KELLY L. JOHNSON                                                                                
                                                                         __________                                                                                 
                                                                 Appeal No. 1995-1989                                                                               
                                                                 Application 07/850,1421                                                                            
                                                                         __________                                                                                 
                                                                          ON BRIEF                                                                                  
                                                                         __________                                                                                 

                   Before ELLIS, ROBINSON and LORIN, Administrative Patent Judges.                                                                                  
                   ELLIS, Administrative Patent Judge.                                                                                                              

                                                                DECISION ON APPEAL                                                                                  
                            This is an appeal under 35 U.S.C. § 134 from the final rejection of claims                                                              
                   80 through 108, all the claims remaining in the application.  Claims 80, 93 and 105                                                              
                   are illustrative of the subject matter on appeal and read as follows:                                                                            



                            1Application for patent filed March 12, 1992.  According to the appellants, this                                                        
                   application is a continuation of Application 07/235,055, filed August 19, 1988, now                                                              
                   abandoned.                                                                                                                                       





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