Ex parte HERZOG 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 19                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                         Ex parte HANS W. HERZOG, KENNETH B. LINGO and JOHN H. NOLAN                                                                    
                                                                   ____________                                                                         
                                                           Appeal No. 1999-1524                                                                         
                                                      Application No. 08/938,0511                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before MEISTER, PATE, and NASE, Administrative Patent Judges.                                                                          
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 to 8, 14, 15, 22, 24 and 26 to 31.                                             2                                 
                 Claims 9, 16 to 21, 23, 25 and 32 to 36 have been allowed.                                                                             




                          1Application for patent filed September 26, 1997.                                                                             
                 According to the appellants, the application is a continuation                                                                         
                 of Application No. 08/523,061, filed September 1, 1995, now                                                                            
                 abandoned.                                                                                                                             
                          2Claim 15 was amended subsequent to the final rejection.                                                                      




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