Ex parte SMITH - 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               written for publication in a law journal and (2) is not binding precedent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 18                  
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     

                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     

                               Ex parte JOHN R. SMITH                                 
                                    _____________                                     
                                   Appeal 97-1499                                     
                               Application 08/242,2971                                
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          SCHAFER and LEE, Administrative Patent Judges.                              

          McKELVEY, Senior Administrative Patent Judge.                               

                      Decision on appeal under 35 U.S.C. § 134                        
               Upon consideration of the NEW, COMPLETE BRIEF ON APPEAL                
          (Paper 14), the EXAMINER'S ANSWER (Paper 15 mailed 12 February              



          Application for patent filed 13 May 1994.  The real party in interest is Decora,1                                                                        
          Incorporated.                                                               





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