Ex parte MCCABE 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                                                               not binding precedent of the Board.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. 32                    

                                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                                            
                                                                        ____________                                                                            

                                                  BEFORE THE BOARD OF PATENT APPEALS                                                                            
                                                                 AND INTERFERENCES                                                                              
                                                                        ____________                                                                            

                                           Ex parte DENNIS E. McCABE and BRIAN J. MARTINELL                                                                     
                                                                        ____________                                                                            

                                                                     Appeal No. 97-0480                                                                         
                                                               Application No. 07/858,8181                                                                      
                                                                        ____________                                                                            

                                                                          ON BRIEF                                                                              
                                                                        ____________                                                                            

                  Before WINTERS, GRON, and SPIEGEL, Administrative Patent Judges.                                                                              
                  SPIEGEL, Administrative Patent Judge.                                                                                                         













                            1Application for patent filed March 27, 1992.  According to appellants, this application is a division of                           
                  Application 07/422,921, filed October 17, 1989, now U.S. Patent 5,120,657, issued June 09, 1992, which is a                                   
                  continuation-in-part of Application 06/938,570, filed December 05, 1986, now abandoned, and a continuation-in-part                            
                  of Application 07/193,357, filed May 12, 1988, now U.S. Patent 5,015,580, issued May 14, 1991, which is a                                     
                  continuation-in-part of Application 07/079,658, filed July 29, 1987, now abandoned.                                                           







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