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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 34 UNITED STATES BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte JAMES C. HUDSON, THOMAS RUSSELL, CARLOS M. RODRIGUEZ, and WALLACE H. COULTER ____________ Appeal No. 95-28891 Application No. 07/525,231 ____________ ON BRIEF2 ____________ Before GARRIS, FLEMING, and TORCZON, Administrative Patent Judges. TORCZON, Administrative Patent Judge. DECISION ON APPEAL Appellants seek review under 35 U.S.C. § 134 of the final rejection of claims 1-32 (Paper No. 9 (Not. App.)). We affirm in part and enter a new ground of rejection. BACKGROUND Appellants filed the subject application for patent on 17 May 1990 (Paper No. 1 (appl. for CIP) at 1). They claim benefit under 35 U.S.C. § 120 of application no. 07/339,156 filed 14 April 1989, now abandoned; application no. 1Attorney docket no.32267. 2Counsel waived the scheduled oral hearing (Paper No. 33).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007