Ex parte WEAVER 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                     journal and (2) is not binding precedent of the Board.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. 29                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                                ____________                                                                                           

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                         AND INTERFERENCES                                                                                             
                                                                               _____________                                                                                           

                                                                      Ex parte MAX A. WEAVER,                                                                                          
                                                                         EDWARD W. KLUGER                                                                                              
                                                                         and DAVID J. MOODY                                                                                            
                                                                               _____________                                                                                           

                                                                            Appeal No. 96-0971                                                                                         
                                                                          Application 07/888,2681                                                                                      
                                                                              ______________                                                                                           

                                                                          HEARD: JUNE 9, 1999                                                                                          
                                                                              _______________                                                                                          

                     Before WARREN, OWENS and LIEBERMAN, Administrative Patent Judges.                                                                                                 

                     LIEBERMAN, Administrative Patent Judge.                                                                                                                           


                                                                       DECISION ON APPEAL                                                                                              

                                This is an appeal under 35 U.S.C. § 134 from a final rejection of claims 39 through 46 and 48                                                          
                     through 54, dated January 17, 1995.    An amendment under 37 C.F.R. § 1.116 after the final rejection2                                                                                                             

                                1Application for patent filed May 22, 1992.  According to appellants, this application is a                                                            
                     continuation of Application 07/578,107, filed September 5, 1990.                                                                                                  
                                2Claim 47 had previously been canceled in an amendment dated January 24, 1994, but was                                                                 
                     erroneously included in the final rejection and in appellants Notice of Appeal dated April 17, 1995.                                                              
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