Ex parte LORBER - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 28                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                           Ex parte ALAN LORBER                                                                         
                                                                   ____________                                                                         
                                                           Appeal No. 1998-3295                                                                         
                                                      Application No. 08/054,2231                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before ABRAMS, STAAB, and NASE, Administrative Patent Judges.                                                                          
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is an appeal from the refusal of the examiner to                                                                         
                 allow claim 2, as amended subsequent to the final rejection.                                                                           
                 Claim 2 constitutes the only claim pending in this                                                                                     
                 application.                                                                                                                           


                          We REVERSE.                                                                                                                   

                          1Application for patent filed April 29, 1993.                                                                                 





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