Ex parte RAMANTHAN 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                                                                            and is not binding precedent of the Board.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. 28                                

                                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                                 
                                                                                             ____________                                                                                                        

                                                               BEFORE THE BOARD OF PATENT APPEALS                                                                                                                
                                                                                    AND INTERFERENCES                                                                                                            
                                                                                             ____________                                                                                                        

                                                                                                                    1                                                                                            
                                                              Ex parte LATA RAMANTHAN , GAIL F. SEELIG                                                                                                           
                                                                                      and PAUL P. TROTTA                                                                                                         
                                                                                             ____________                                                                                                        

                                                                                      Appeal No. 1997-0711                                                                                                       
                                                                                 Application No. 08/271,5392                                                                                                     
                                                                                             ____________                                                                                                        

                                                                                                 ON BRIEF                                                                                                        
                                                                                             ____________                                                                                                        

                        Before WINTERS, SPIEGEL, and MILLS, Administrative Patent Judges.                                                                                                                        
                        SPIEGEL, Administrative Patent Judge.                                                                                                                                                    


                                                                                    DECISION ON APPEAL                                                                                                           

                                    This is a decision on appeal under 35 U.S.C. § 134 from the examiner finally                                                                                                 

                        rejecting claims 12 and 13 and refusing to allow claim 11 as amended subsequent to the                                                                                                   

                        final rejection, which are all of the claims pending in this application.3                                                                                                               



                                    1 We note that the declaration (p. 2) has typed the "Full name of sole or first inventor" as "Lata                                                                           
                        Ramanthan" while the signature appears as "Lata Ramanathan."                                                                                                                             
                                    2 Application for patent filed July 7, 1994.  According to appellants, this application is a                                                                                 
                        continuation of application 07/859,689 filed June 11, 1992, now abandoned, which is the United States                                                                                    
                        national application corresponding to international application no. PCT/US90/07289 filed December 18,                                                                                    
                        1990 under 35 U.S.C. § 371, now abandoned, which is a continuation-in-part of application no. 07/453,570                                                                                 
                        filed December 20, 1989, now abandoned.                                                                                                                                                  

                                    3 Entry of the amendment filed July 29, 1996 (Paper No. 23) amending claim 11 was authorized by                                                                              
                        the examiner in the supplemental examiner's answer (Paper No. 24, mailed October 16, 1996, p. 1).                                                                                        







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