Ex parte SCHEIVE 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                  for publication in a law journal and (2) is not binding precedent of the Board.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. 23                    
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                            ____________                                                                
                                          BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                        AND INTERFERENCES                                                               
                                                            ____________                                                                
                                                  Ex parte ERIC W. SCHEIVE                                                              
                                                       and GARY W. ABBOTT                                                               
                                                            ____________                                                                
                                                       Appeal No. 97-4062                                                               
                                                Application No. 08/590,0491                                                             
                                                            ____________                                                                
                                                               ON BRIEF                                                                 
                                                            ____________                                                                
                Before THOMAS, FLEMING, and BARRY, Administrative Patent Judges.                                                        
                BARRY, Administrative Patent Judge.                                                                                     



                                                       DECISION ON APPEAL                                                               
                        This is a decision on the appeal under 35 U.S.C. § 134                                                          
                from the final rejection of claims 1-33.  The appellants filed                                                          
                an amendment after final rejection on September 4, 1996, which                                                          
                was entered.  We reverse.                                                                                               

                        The application was filed on January 3, 1996.  The1                                                                                                              
                application is a continuation of Application Serial No.                                                                 
                08/085,699, which was filed on June 30, 1993 and is now                                                                 
                abandoned.                                                                                                              





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