Ex parte VOGEL - 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                          journal and (2) is not binding precedent of the                                                                               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. 41                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                       Ex parte PETER S. VOGEL                                                                          
                                                                 ____________                                                                           
                                                           Appeal No. 95-4150                                                                           
                                                    Application No. 08/102,5071                                                                         
                                                                 ____________                                                                           
                                                      HEARD: December 10, 1998                                                                          
                                                                 ____________                                                                           

                 Before THOMAS, HAIRSTON and CARMICHAEL, Administrative Patent                                                                          
                 Judges.                                                                                                                                
                 CARMICHAEL, Administrative Patent Judge.                                                                                               


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection of claims 15-                                                                      
                 16, 25-29, 36 and 45.  The other remaining claims (Claims 17-                                                                          


                          1Application for patent filed August 5, 1993.  According                                                                      
                 to appellant, this application is a continuation of                                                                                    
                 Application 07/841,296 filed February 28, 1992, which is a                                                                             
                 continuation of Application 07/582,878 filed October 12, 1990,                                                                         
                 both abandoned.                                                                                                                        





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