Ex parte SWARTZEL 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                    for publication in a law journal and (2) is not binding precedent of the Board.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.                      
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                               Ex parte KENNETH R. SWARTZEL, HERSHELL R. BALL, JR.,                                                                     
                                                and MOHAMMAD-HOSSEIN HAMID-SAMIMI                                                                       
                                                                   ____________                                                                         
                                                           Appeal No. 1998-2941                                                                         
                                                      Application No. 08/061,9851                                                                       
                                             Reexamination Control No. 90/003,6822                                                                      
                                                                   ____________                                                                         
                                                         HEARD:  August 16, 1999                                                                        
                                                                   ____________                                                                         
                 Before McQUADE, NASE, and KRATZ, Administrative Patent Judges.                                                                         
                 NASE, Administrative Patent Judge.                                                                                                     










                          1Application filed May 14, 1993, for reissue of U.S.                                                                          
                 Patent No. 5,019,408 (Application No. 07/628,716, filed                                                                                
                 December 17, 1990), which according to the appellants is                                                                               
                 entitled under                                                                                                                         
                 35 U.S.C. § 120 to the benefit of the filing date of                                                                                   
                 Application No. 06/904,744, filed September 8, 1986, now U.S.                                                                          
                 Patent No. 4,808,425.                                                                                                                  
                          2Reexamination for U.S. Patent No. 5,019,408.  Request                                                                        
                 for reexamination filed January 5, 1995.  The reexamination                                                                            
                 proceeding was merged with the above-noted reissue application                                                                         
                 on June 26, 1995.                                                                                                                      



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