Ex parte PERGOLIZZI 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          (2) is not binding precedent of the Board.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. 45                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                   Ex parte ROBERT G. PERGOLIZZI, SUSAN H. ERSTER                     
                                  and W. TED BROWN                                    
                                    ____________                                      
                                 Appeal No. 95-3606                                   
                               Application 07/827,6911                                
                                    ____________                                      

                                 HEARD: May 3, 1999                                   
                                    ____________                                      

          Before GRON, TORCZON and LORIN, Administrative Patent Judges.               
          GRON, Administrative Patent Judge.                                          
                      DECISION ON APPEAL UNDER 35 U.S.C. § 134                        





           Application for patent filed January 28, 1992.1                                                                      
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