Ex parte PENN 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          not binding precedent of the Board.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. 29              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
            Ex parte STEVEN M. PENN, DAVID N. JONES and MICHAEL E. EMBREE             
                                     __________                                       
                                Appeal No. 1997-0068                                  
                               Application 07/923,2781                                
                                     ___________                                      
                               HEARD: February 7, 2000                                
                                     ___________                                      

          Before COHEN, McQUADE and GONZALES, Administrative Patent                   
          Judges.                                                                     
          McQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Steven M. Penn et al. appeal from the final rejection of               
          claims 24 through 43, all of the claims pending in the                      

               1Application for patent filed July 31, 1992.  According                
          to appellants, the application is a continuation-in-part of                 
          Application 07/905,069, filed June 24, 1992, now U.S. Patent                
          No. 5,260,009, issued November 9, 1993; which is continuation               
          of Application 07/648,081, filed January 31, 1991, now                      
          abandoned.                                                                  
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