Ex parte CUMMINGS 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                          not written for publication in a law journal and (2) is not                                                                   
                          binding precedent of the Board.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. 31                            

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                   Ex parte GARY W. CUMMINGS and ROBERT CUMMINGS                                                                        
                                                                 ____________                                                                           
                                                           Appeal No. 97-1836                                                                           
                                                    Application No. 08/324,8181                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before ABRAMS, McQUADE and GONZALES, Administrative Patent                                                                             
                 Judges.                                                                                                                                
                 ABRAMS, Administrative Patent Judge.                                                                                                   


                                                           DECISION ON APPEAL                                                                           


                          This is an appeal from the decision of the examiner                                                                           
                 finally rejecting claims 54-56, 58, 60-66, 68, 69, 71-74 and                                                                           

                          1Application for patent filed October 17, 1994.                                                                               
                 According to appellants, this application is a continuation of                                                                         
                 Application No. 08/088,625 filed July 1, 1993, now pending;                                                                            
                 which is a continuation of Application No. 07/780,619 filed                                                                            
                 October 23, 1991, now abandoned.                                                                                                       





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