Ex parte TRIVETT - 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                                           (2) is not binding precedent of the Board.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. 12                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                              _______________                                                                                          

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                         AND INTERFERENCES                                                                                             
                                                                              _______________                                                                                          

                                                                   Ex parte ROBERT L. TRIVETT                                                                                          
                                                                              ______________                                                                                           

                                                                            Appeal No. 96-1126                                                                                         
                                                                         Application 08/132,0801                                                                                       
                                                                              _______________                                                                                          

                                                                                   ON BRIEF                                                                                            
                                                                              _______________                                                                                          

                     Before WARREN, LIEBERMAN and KRATZ, 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                                                            
                     claims 1 through 7.2                                                                                                                                              
                                           We have carefully considered the record before us, and based thereon, we will not                                                           
                     sustain the examiner’s rejection of the appealed claims under 35 U.S.C. § 103 over Abrams.   As                                     3                             
                     pointed out by appellant (brief, pages 3-4), the starting materials used in the process of Abrams will not                                                        


                     1Application for patent filed October 5, 1993.                                                                                                                    
                     2Specification, pages 40-41.                                                                                                                                      
                     3Examiner’s answer, pages 2-3.                                                                                                                                    
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