Ex parte SCHWARZ - 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                law journal and (2) is not binding precedent of the Board.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. 15                   


                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                              __________                                                                  

                                          BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                       AND INTERFERENCES                                                                  
                                                              __________                                                                  

                                               Ex parte WILLIAM M. SCHWARZ, Jr.                                                           
                                                              __________                                                                  

                                                         Appeal No. 96-3689                                                               
                                                       Application 08/325,9141                                                            
                                                             ___________                                                                  

                                                              ON BRIEF                                                                    
                                                             ___________                                                                  

                Before WEIFFENBACH, ELLIS and WALTZ, Administrative Patent Judges.                                                        

                WEIFFENBACH, Administrative Patent Judge.                                                                                 

                                                      DECISION ON APPEAL                                                                  

                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of claims                  

                1-27.  The remaining claims in the application, claims 28-38, have been withdrawn from consideration                      

                pursuant to a restriction requirement.  We have carefully considered the respective positions advanced by                 

                appellant and the examiner.  For the reasons set forth below, we reverse the examiner's rejection.                        


                        Application for patent filed October 19, 1994.1                                                                                                                
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