Ex parte SHACKLE - 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                              (2) is not binding precedent of the Board.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. 15                          

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                      _______________                                                           

                                       BEFORE THE BOARD OF PATENT APPEALS                                                       
                                                   AND INTERFERENCES                                                            
                                                      _______________                                                           

                                                Ex parte DALE R. SHACKLE                                                        
                                                       ______________                                                           

                                                    Appeal No. 1997-0460                                                        
                                                    Application 08/207,990                                                      
                                                      _______________                                                           

                                                          ON BRIEF                                                              
                                                      _______________                                                           

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

               WARREN, Administrative Patent Judge.                                                                             
                                               Decision on Appeal and Opinion                                                   
                      This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting               
               claims 1 through 12 and 23 through 30, which are all of the claims in the application.1                          
                      We have carefully considered the record before us, and based thereon, find that we cannot                 
               sustain the ground of rejection of the appealed claims under 35 U.S.C. § 103 over Shackle et al.                 
               (Shackle) in view of Jow et al.2 (answer, pages 2.5-3).  As an initial matter we interpret claims 1 and 2,       
               which are representative of the appealed claims, in light of appellant’s specification as it would be            
                                                                                                                               
               1  See the specification, pages 24-25, and the amendment of March 20, 1995 (Paper No. 3; pages 2-                
               3).                                                                                                              


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