Ex parte RAZA 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 13                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                      Ex parte IRFAN F. RAZA and RONALD D. WALTHER                                                                      
                                                                   ____________                                                                         
                                                             Appeal No. 98-1457                                                                         
                                                      Application No. 08/530,0061                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before STAAB, NASE, and CRAWFORD, Administrative Patent Judges.                                                                        
                 NASE, Administrative Patent Judge.                                                                                                     
                 STAAB, Administrative Patent Judge, dissenting.                                                                                        



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 through 15, which are all of the claims                                                                          
                 pending in this application.2                                                                                                          

                          1Application for patent filed September 19, 1995.                                                                             
                          2In the brief (p. 1), the appellants requested that claim                                                                     
                 14 be amended.  In the  answer (p. 2), the examiner noted that                                                                         
                 the requested amendment to claim 14 was improper, however, the                                                                         
                 examiner indicated that claim 14 has been informally amended                                                                           
                 to read as requested by the appellants.  We suggest that the                                                                           
                 appellants submit a formal amendment to claim 14.  Since the                                                                           
                 rejection of claim 14 under 35 U.S.C. § 112, second paragraph,                                                                         
                 raised in the final rejection was not repeated in the answer,                                                                          



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