Ex parte KANE - 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              publication in a law journal and (2) is not binding precedent of the Board.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. 17                               

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                     __________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                   
                                               AND INTERFERENCES                                                        
                                                     __________                                                         
                                               Ex parte JAMES KANE                                                      
                                                     __________                                                         
                                                Appeal No. 1996-2769                                                    
                                               Application 08/270,089                                                   
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         

              Before JOHN D. SMITH, ELLIS and KRATZ, Administrative Patent Judges.                                      
              ELLIS, Administrative Patent Judge.                                                                       

                                               DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C.  134 from the examiner’s final rejection of                     
              claims 1 through 7 and 9 through 17, all the claims remaining in the application.                         
                     Claim 1 is illustrative of the subject matter on appeal and reads as follows:                      
                     1.  A process for the preparation of small particles size spherical phosphor particles             
              which comprises:                                                                                          
                     a) preparing an aqueous solution of soluble salts of a rare earth phosphor-precursor               
              metal in amounts required to make a phosphor and an organic chemical that releases                        
              hydroxyl ions by hydrolysis;                                                                              






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