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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 24 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte THOMAS A. NELSON and JAMES S. RUSCYK ______________ Appeal No. 1996-2050 Application 08/146,779 _______________ ON BRIEF _______________ Before PAK, WARREN and LIEBERMAN, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal and Opinion This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting claims 1, 3 through 5 and 8.1 We have carefully considered the record before us, and based thereon, find that we cannot sustain the ground of rejection of claims 1, 3 through 5 and 8 under 35 U.S.C. § 103 over Thiele et al. (Thiele) in view of Lux et al. (Lux). The examiner has framed the initial but dispositive issue with2 1Amendment of March 20, 1995 (Paper No. 12). 2These references are listed at page 3 of the answer. - 1 -Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007