Ex parte KLOCEK - 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                                           (2) is not binding precedent of the Board.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. 15                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                              _______________                                                                                          

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                        AND INTERFERENCES                                                                                              
                                                                              _______________                                                                                          

                                                                        Ex parte PAUL KLOCEK                                                                                           
                                                                              ______________                                                                                           

                                                                            Appeal No. 96-0175                                                                                         
                                                                         Application 07/977,3881                                                                                       
                                                                              _______________                                                                                          

                                                                                   ON BRIEF                                                                                            
                                                                              _______________                                                                                          

                     Before KIMLIN, JOHN D. SMITH and WARREN, 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 refusing to allow                                                            
                     claims 1 through 27 as amended subsequent to the final rejection.   Claims 28 through 33, also of2                                                                   
                     record, stand withdrawn from consideration under 37 CFR § 1.142(b).                                                                                               
                                We have carefully considered the record before us, and based thereon, find that we cannot                                                              
                     sustain the ground of rejection of claims 25 through 27 under 35 U.S.C. § 112, first paragraph,                                                                   


                     1Application for patent filed November 17, 1992. According to appellants, this application is a                                                                   
                     continuation-in-part of application 07/748,602, filed August 22, 1991, now abandoned.                                                                             
                     2Amendment of March 31, 1994 (Paper No. 5).                                                                                                                       
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