Ex parte BLASS 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                                   (2) is not binding precedent of the Board.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. 22                                 

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         

                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                             AND INTERFERENCES                                                                          
                                                                _______________                                                                         

                                                             Ex parte JOHN BLASS,                                                                       
                                                    GARY GIBSON and MINDY L. AISEN                                                                      
                                                                 ______________                                                                         

                                                               Appeal No. 95-3732                                                                       
                                                              Application 08/172,1101                                                                   
                                                                _______________                                                                         

                                                                     ON BRIEF                                                                           
                                                                _______________                                                                         

                 Before WARREN, OWENS and WALTZ, Administrative Patent Judges.                                                                          

                 WARREN, Administrative Patent Judge.                                                                                                   
                                                        Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                   
                 appealed claims 1 and 3 through 7 and refusing to allow claim 9 which was added subsequent to the                                      
                 final rejection.2  Claims 2 and 8 are also of record and have been objected to by the examiner                                         
                 apparently as being directed to allowable subject matter.3                                                                             

                                                                                                                                                       
                 1  Application for patent filed December 23, 1993.                                                                                     
                 2  See the specification (pages 14-15), the amendment of June 13, 1994 (Paper No. 4), and the                                          
                 amendment of November 8, 1992 (Paper No. 7).                                                                                           
                 3  See ¶ 2 of the advisory action of November 21, 1994 (Paper No. 8).                                                                  

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