Ex parte HERBERT 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                          journal and (2) is not binding precedent of the                                                                               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. 11                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                  Ex parte WILLIAM G. HERBERT, LOREN E. HENDRIX,                                                                        
                                              GARY J. MAIER and ERNEST F. MATYI                                                                         
                                                                 ____________                                                                           
                                                           Appeal No. 95-2930                                                                           
                                                    Application No. 08/043,9531                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before SOFOCLEOUS, CAROFF and PAK, Administrative Patent                                                                               
                 Judges.                                                                                                                                
                 PAK, Administrative Patent Judge.                                                                                                      


                                                           DECISION ON APPEAL                                                                           
                          Herbert et al. (appellants) appeal from the examiner’s                                                                        
                 final rejection of claims 37 through 45 which are all of the                                                                           
                 claims remaining in the application.                                                                                                   
                          Claim 37 is representative of the subject matter on                                                                           
                 appeal and reads as follows:                                                                                                           

                          1Application for patent filed April 5, 1993.                                                                                  





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