Ex parte GISH - Page 1




                                       THIS OPINION WAS NOT WRITTEN FOR PUBLICATION8                                              
               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               publication in a law journal and (2) is not binding precedent of the Board.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. 21                           

                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                       _____________                                                              
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                    AND INTERFERENCES                                                             
                                                       _____________                                                              
                                                 Ex parte ROBERT GISH                                                             
                                                       _____________                                                              
                                                 Appeal No. 1999-0931                                                             
                                               Application 08/772,8611                                                            
                                                      ______________                                                              
                                                          ON BRIEF                                                                
                                                     _______________                                                              

               Before CALVERT, COHEN and ABRAMS, Administrative Patent                                                            
               Judges.                                                                                                            
               COHEN, Administrative Patent Judge.                                                                                

                                                   DECISION ON APPEAL                                                             

                      This appeal involves claims 1, 3 through 11, and 13                                                         
               through 20, all of the claims remaining in the application.                                                        


                      Appellant’s invention pertains to an apparatus for sizing                                                   

                      1   Application for patent filed December 26, 1996.  According to appellant, this                           
               application is a continuation of Application 08/450,015, filed May 25, 1995, now                                   
               abandoned.                                                                                                         
                                                                1                                                                 





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