Ex parte FORTIN - 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               not written for publication in a law journal and (2) is not binding    
               precedent of the Board.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. 21         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                                Ex parte JOHN K. FORTIN                               
                                     ____________                                     
                                 Appeal No. 1996-4071                                 
                              Application No. 08/292,692                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WALTZ, and KRATZ, Administrative Patent Judges.              
          KRATZ, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claim 1, which is the only claim pending in this               
          application.                                                                
                                     BACKGROUND                                       
               Appellant's invention relates to a method of producing an              
          open-ended container from a sheet of unoriented thermoplastic               
          material. In appellant's formation process a biaxially                      





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