Ex parte ROIZMAN 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                                                     not binding precedent of the Board.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. 40               

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                            ____________                                                             

                                          BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                      AND INTERFERENCES                                                              
                                                            ____________                                                             

                                       Ex parte BERNARD ROIZMAN and FENYONG LIU                                                      
                                                            ____________                                                             

                                                        Appeal No. 1996-2639                                                         
                                                     Application No. 08/176,320                                                      
                                                            ____________                                                             

                                                              ON BRIEF                                                               
                                                            ____________                                                             

               Before WILLIAM F. SMITH, ROBINSON, and SPIEGEL, Administrative Patent Judges.                                         
               SPIEGEL, Administrative Patent Judge.                                                                                 



                                                      DECISION ON APPEAL                                                             

                       This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of claims              

               6 through 13, 22, 43, 58, 63 and 66 through 71, which are all of the claims pending in this application.   1          

                       Initially, we note that the examiner entered three new grounds of rejection, i..e, (1) of claims 58           

               and 63 under 35 U.S.C. § 102 as anticipated by or, in the alternative, under 35 U.S.C.                                


                       1 Notwithstanding entry authorization by the examiner (see answer, page 3), appellants’ request to cancel     
               claim 23 (see brief, page 1) has not been physically entered in the file record.  This clerical processing oversight  
               should be corrected upon return of the above identified application to the jurisdiction of the examiner.              





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