Ex parte BREYTA et al. - Page 1






                                        The opinion in support of the decision being entered today                                       
                                   was not written for publication and is not binding precedent of                                       
                                   the Board.                                                                                            
                                                                                                Paper No. 31                             

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                          _______________                                                                

                                          BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                

                                     Ex parte GREGORY BREYTA, NICHOLAS J. CLECAK,                                                        
                               WILLIAM D. HINSBERG III, DONALD C. HOFER, HIROSHI ITO,                                                    
                                SCOTT A. MACDONALD and RATNAM SOORIYAKUMARAN                                                             
                                                           ______________                                                                

                                                        Appeal No. 1997-0548                                                             
                                                        Application 08/345,290                                                           
                                                          _______________                                                                

                                                              ON BRIEF                                                                   
                                                          _______________                                                                

                Before PAK, WARREN and LIEBERMAN, 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 19.1  Appellants have withdrawn the appeal of claims 12, 13 and 15 through 17, and                      
                thus we dismiss the appeal with respect to these claims.  Claims 20 through 27 are also of record and                    
                have been withdrawn from consideration by the examiner under 37 CFR   § 1.142(b).  Accordingly,                          
                claims 1 through 11, 14, 18 and 19 are the only claims before us for consideration on appeal.                            

                                                                                                                                         
                1  See specification, pages 28-31, and the amendment of March 24, 1994 (application 07/971,140;                          
                Paper No. 11) .                                                                                                          

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