Ex parte CAPPS - 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             journal and (2) is not binding precedent of the Board.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. 24                       


                              UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                   _____________                                                      

                                   BEFORE THE BOARD OF PATENT APPEALS                                                 
                                               AND INTERFERENCES                                                      
                                                   _____________                                                      

                                            Ex parte STEPHEN P. CAPPS                                                 
                                            and ERNEST H. BEERNINK                                                    
                                                  _____________                                                       

                                                 Appeal No. 97-0191                                                   
                                               Application 08/331,1511                                                
                                                  ______________                                                      

                                                     ON BRIEF                                                         
                                                  _______________                                                     

             Before HAIRSTON, KRASS and RUGGIERO, Administrative Patent Judges.                                       

             RUGGIERO, Administrative Patent Judge.                                                                   


                                               DECISION ON APPEAL                                                     

                    This is a decision on appeal from the final rejection of claims 1-4 and 7-38, all of the clams    

             pending in the application.  Claims 5 and 6 have been canceled.  An amendment after final rejection      



                    1Application for patent filed October 28, 1994.  According to appellants, this application is a   
             continuation of Application of 08/117,431, filed September 7, 1993.                                      
                                                          1                                                           





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