Ex parte HEACOCK 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            publication in a law journal and (2) is not binding precedent of the Board.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. 21                     
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                               _____________                                                  
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                                               _____________                                                  
                      Ex parte GREGORY L. HEACOCK, GORDON B. KUENSTER and                                     
                                           KEVIN W. SHIMASAKI                                                 
                                               _____________                                                  
                                             Appeal No. 96-3577                                               
                                           Application 08/419,0641                                            
                                              ______________                                                  
                                                 ON BRIEF2                                                    
                                             _______________                                                  
            Before JERRY SMITH, RUGGIERO and DIXON,  Administrative Patent Judges.                            

            DIXON, Administrative Patent Judge.                                                               

                                           DECISION ON APPEAL                                                 

                   This is a decision on appeal from the Examiner's final rejection of claims 1-18, 20-       
                                                                            3                                 
            37 and 39-49 which are all of the claims pending in this application .                            


                   1Application for patent filed April 10, 1995.  According to appellants, this application is a
            continuation of application 08/133,518, filed October 7, 1993.  Now abandoned.                    
                   2We note that an oral hearing was requested, but was waived by appellants in a letter filed April 19,
            1999.  (Paper no. 20).                                                                            
                   3We note that the Examiner modified the rejection in the examiner's answer.  The Examiner  
            indicated that claim 47 is allowable and that claims 4-5, 9, 15-16, 21-22, 25, 29-30, 32-36 and 46 would be
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