Ex parte SCHAUBER - 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                 (2) is not binding precedent of the Board.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. 20                                

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   
                                                              _______________                                                                      

                                             BEFORE THE BOARD OF PATENT APPEALS                                                                    
                                                          AND INTERFERENCES                                                                        
                                                              _______________                                                                      

                                                    Ex parte CLAUDE C. SCHAUBER                                                                    
                                                               ______________                                                                      

                                                            Appeal No. 1997-0433                                                                   
                                                            Application 08/230,582                                                                 
                                                              _______________                                                                      

                                                                   ON BRIEF                                                                        
                                                              _______________                                                                      

                 Before JOHN D. SMITH, WARREN and WALTZ, Administrative Patent Judges.                                                             

                 WARREN, Administrative Patent Judge.                                                                                              
                                                              Decision on Appeal                                                                   
                         This is an appeal under 35 U.S.C.  134 from the decision of the examiner refusing to allow                               
                 claims 1 and 4 through 10, all of the claims remaining in the application, as amended subsequent to the                           
                 final rejection, in which amendment claims 2 and 3 were cancelled.1  Claim 1 and 8 are illustrative of the                        
                 claims on appeal:                                                                                                                 
                         1.  A method for making a viscosity index improving copolymer solution, comprising:                                       

                                                                                                                                                   
                 1  Amendment of February 20, 1996 (Paper No. 14). While the examiner indicated in the advisory                                    
                 action of March 8, 1996 (Paper No. 15) that the amendment would be entered upon the filing of an                                  
                 appeal, and appropriately so marked the amendment, the same has not been clerically entered.                                      

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