Ex parte FOLEY 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               journal and (2) is not binding precedent of the Board.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 JOHN F. FOLEY, STEVEN L. PLEE                                                     
                                                and DONALD J. REMBOSKI JR.                                                          
                                                           __________                                                               

                                                       Appeal No. 97-1070                                                           
                                                     Application 08/100,4181                                                        
                                                          ___________                                                               

                                                            ON BRIEF                                                                
                                                          ___________                                                               

               Before JERRY SMITH, FLEMING and FRAHM, Administrative Patent Judges.                                                 

               FRAHM, Administrative Patent Judge.                                                                                  

                                                    DECISION ON APPEAL                                                              

                       Appellants have appealed to the Board from the examiner’s final rejection of claims 1 to 11, 14              
               to 16, 28 to 33, 37, and 38.  Claim 36 has been canceled.   In the final rejection (page 3), the examiner2                                                         


                       1  Application for patent filed August 02, 1993.                                                             
                       2 Claim 36 was canceled in response to the first Office action as per appellants’ instructions at the top of 
               page 3 of the amendment dated April 3, 1995.                                                                         
                                                                 1                                                                  





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