Ex parte VELLUTATO - 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                     (2) is not binding precedent of the Board.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. 19                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                              _______________                                                                                          

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                        AND INTERFERENCES                                                                                              
                                                                              _______________                                                                                          

                                                                Ex parte ARTHUR L. VELLUTATO                                                                                           
                                                                                        and                                                                                            
                                                                              ______________                                                                                           

                                                                           Appeal No. 1996-1801                                                                                        
                                                                         Application 08/142,0491                                                                                       
                                                                              _______________                                                                                          

                                                                       HEARD: December 9, 1999                                                                                         
                                                                              _______________                                                                                          

                     Before JOHN D. SMITH, WARREN and LIEBERMAN, Administrative Patent Judges.                                                                                         

                     WARREN, Administrative Patent Judge.                                                                                                                              
                                                                             Decision on Appeal                                                                                        
                                This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to allow                                                            
                     claims 1,4, 5, 8, 9, 13 through 17 and 19.  Claim 1 is illustrative of the claims on appeal:                                                                      
                                1.  A method of sterilization comprising the steps of:                                                                                                 
                                (a)  providing a chemical composition to be sterilized;                                                                                                
                                (b)  filtering particulates from said chemical composition;                                                                                            
                                (c)  charging a container with said chemical composition, said step of charging said container                                                         

                     1Application for patent filed October 28, 1993.                                                                                                                   
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