Ex Parte COPELAND 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                              (2) is not binding precedent of the Board.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. 28                          
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                      _______________                                                           
                                       BEFORE THE BOARD OF PATENT APPEALS                                                       
                                                   AND INTERFERENCES                                                            
                                                      _______________                                                           
                                              Ex parte JAMES C. COPELAND,                                                       
                                       HOWARD I. ADLER and WELDON D. CROW                                                       
                                                       ______________                                                           
                                                     Appeal No. 96-1447                                                         
                                                   Application 08/028,7641                                                      
                                                      _______________                                                           
                                                          ON BRIEF                                                              
                                                      _______________                                                           
               Before WARREN, OWENS and SPIEGEL, 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 15 through 20 and 48 through 65 as amended subsequent to the final rejection.2                      
                      We have carefully considered the record before us, and based thereon, find that we cannot                 
               sustain the grounds of rejection of the appealed claims either under 35 U.S.C. §§ 102(b) or 103                  


               1  Application for patent filed March 9, 1993. According to appellants, this application is a                    
               continuation of application 07/653,687, filed February 11, 1991, now abandoned, which is a                       
               division of application 07/399,870, filed August 29, 1989, now United States Patent 4,996,073,                   
               issued February 26, 1991.                                                                                        
               2  Amendment of November 14, 1994 (Paper No. 17).                                                                
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