Ex parte SHAPIRO - 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                   publication in a law journal and (2) is not binding precedent of the Board.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. 12                                     
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                  
                                                                       ____________                                                                                 
                                                BEFORE THE BOARD OF PATENT APPEALS                                                                                  
                                                                AND INTERFERENCES                                                                                   
                                                                       ____________                                                                                 
                                                           Ex parte STEVEN D. SHAPIRO                                                                               
                                                                                                                                                                   
                                                                       ____________                                                                                 
                                                                 Appeal No. 1995-2464                                                                               
                                                              Application No. 08/068,3921                                                                           
                                                                       ____________                                                                                 
                                                                         ON BRIEF                                                                                   
                                                                       ____________                                                                                 
                   Before WILLIAM F. SMITH, ELLIS, and ROBINSON, Administrative Patent Judges.                                                                      
                   ROBINSON, Administrative Patent Judge.                                                                                                           


                                                                DECISION ON APPEAL                                                                                  

                            This is a decision on the appeal under 35 U.S.C.  134 from the examiner's final                                                        
                   rejection of claims 1 and 2.  Claim 3 stands withdrawn from consideration by the examiner                                                        
                   as being drawn to a non-elected invention and is not presented in this appeal.                                                                   



                            1Application for patent filed May 28, 1993.  Related Application 08/396,988, filed                                                      
                   March 1, 1995 is currently the subject of an appeal (Appeal No. 1997-3329) pending                                                               
                   before this Board.  We have considered the two appeals together.                                                                                 





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