Ex parte SCHULZ - 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                          journal and (2) is not binding precedent of the Board.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. 27                                          

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                             ________________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                             ________________                                                                           
                                                      Ex parte DAVID W. SCHULZ                                                                          
                                                             ________________                                                                           
                                                           Appeal No. 99-0158                                                                           
                                                       Application 08/616,7871                                                                          
                                                             ________________                                                                           
                                                                    ON BRIEF                                                                            
                                                             ________________                                                                           
                 Before COHEN, McQUADE and BAHR, Administrative Patent Judges.                                                                          
                 McQUADE, Administrative Patent Judge.                                                                                                  


                                                           DECISION ON APPEAL                                                                           
                          David W. Schulz appeals from the final rejection of                                                                           

                          1Application for patent filed March 15, 1996 as a 37 CFR                                                                      
                 § 1.62 file wrapper continuation of Application 08/228,488,                                                                            
                 filed April 15, 1994, now abandoned.  Both the appellant and                                                                           
                 the examiner may wish to look into discrepancies in the record                                                                         
                 involving the March 15, 1996 filing date assigned to the                                                                               
                 instant application.  This filing date appears to be                                                                                   
                 subsequent to abandonment date of Application 08/228,488.                                                                              
                                                                         -1-                                                                            





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