Ex parte SMITH 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              publication in a law journal and (2) is not binding precedent of the Board.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. 22                          
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                        __________                                                            
                                    BEFORE THE BOARD OF PATENT APPEALS                                                        
                                                 AND INTERFERENCES                                                            
                                                        __________                                                            
                                    Ex parte FLOYD S. SMITH and MARK E. CRIM                                                  
                                                        __________                                                            
                                                  Appeal No. 1996-3860                                                        
                                                  Application 08/312,819                                                      
                                                        __________                                                            
                                                         ON BRIEF                                                             
                                                        __________                                                            

              Before DOWNEY, WILLIAM F. SMITH and ELLIS, Administrative Patent Judges,                                        
              DOWNEY, Administrative Patent Judge.                                                                            

                                                 DECISION ON APPEAL                                                           

                      This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 9 -18, all                   

              the claims remaining in the application.                                                                        
                      The subject matter on appeal is directed to methods for covering a caplet with hard-                    
              shell gelatin capsule halves (claim 9), manufacturing a capsule-shaped medicament (claim                        
              13) and manufacturing a gelatin covered caplet (claim 16).                                                      
                      Claims 9, 13 and 16 are illustrative of the subject matter on appeal and are set forth                  






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