Ex parte FISHKIN 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                    was  not written for publication in a law journal and (2) is not                                                                    
                                                  binding precedent of the Board.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. 54                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                          Ex parte BORIS FISHKIN, SEIJI SATO and ROBERT B. LOWRENCE                                                                     
                                                                   ____________                                                                         
                                                           Appeal No. 1999-0317                                                                         
                                                      Application No. 08/312,4871                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         

                 Before McQUADE , NASE, and BAHR, Administrative Patent Judges.2                                                                                                             
                 NASE, Administrative Patent Judge.                                                                                                     


                                                      ON REQUEST FOR REHEARING                                                                          




                          1Application for patent filed September 26, 1994.                                                                             
                 According to the appellants, the application is a continuation                                                                         
                 of Application No. 07/972,659, filed November 6, 1992, now                                                                             
                 abandoned.                                                                                                                             
                          2Meister, Administrative Patent Judge, retired before                                                                         
                 this case was reached for rehearing.  Legal support for                                                                                
                 substituting  one Board member for another can be found in In                                                                          
                 re Bose Corp., 772 F.2d 866, 869, 227 USPQ 1, 4 (Fed. Cir.                                                                             
                 1985).                                                                                                                                 





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