Ex parte FRUCHEY 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                                        journal and (2) is not binding precedent of the Board.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. 42                                 

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                   __________                                                                           
                                            BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                           AND INTERFERENCES                                                                            
                                                                   __________                                                                           
                                           Ex parte OLAN S. FRUCHEY, EDWARD G. ZEY                                                                      
                                                          and LARRY O. WHEELER                                                                          
                                                                    _________                                                                           
                                                              Appeal No. 96-2335                                                                        
                                                                                          1                                                             
                                                           Application  08/213,375                                                                      
                                                                    _________                                                                           
                                                                    ON BRIEF                                                                            
                                                                    _________                                                                           
                 Before DOWNEY, METZ and HANLON, Administrative Patent Judges.                                                                          
                 DOWNEY, Administrative Patent Judge.                                                                                                   

                                                           DECISION ON APPEAL                                                                           

                                   This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1                                         
                 through 8.   Claims 9 through 14,  pending in the application, stand withdrawn by the                                                  


                                   1  Application for patent filed March 15, 1994.  According to the appellants,                                        
                 the application is a continuation of Application 07/957,465, filed October 6, 1992,                                                    
                 abandoned; which is a continuation of Application 07/608,106, filed November                                                           
                 1, 1990, abandoned.                                                                                                                    
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