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                   publication in a law journal and (2) is not binding precedent of the Board.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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