The opinion in support of the decision being entered today
was not written for publication and
is not binding precedent of the Board.
Paper No. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MARK ANDREW MARCHIONNI and CARL D. JOHNSON
__________
Appeal No. 1996-3330
Application 07/861,458
___________
ON BRIEF
___________
Before WINTERS, WILLIAM F. SMITH, 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 1-92. Claims 27-29, 33-37, 55-57, 61-65, 82-84 and 88-92 have been
canceled by amendment subsequent to the final rejection. In the Examiner's Answer
(Answer) mailed January 5, 1996 (Paper No. 32), the examiner entered a new ground of
rejection as to claims 1-26 and 30-32 under 35 U.S.C. § 112, second paragraph, as failing
to particularly point out and distinctly claim the invention. The record in the application
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