Ex parte VALYI - 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                          journal and (2) is not binding precedent of the Board.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. 13                                          

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                       Ex parte EMERY I. VALYI                                                                          
                                                          Appeal No. 1997-0731                                                                          
                                                        Application 08/362,151                                                                          
                                                                    ON BRIEF                                                                            
                 Before GARRIS, OWENS and KRATZ, Administrative Patent Judges.                                                                          
                 OWENS, Administrative Patent Judge.                                                                                                    

                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the examiner’s refusal to allow                                                                        
                 claims 1-3, 5 and 7-11 as amended after final rejection.                                             1                                 

                          1The advisory action mailed on April 3, 1996 (paper no.                                                                       
                 7) states that the amendment after final rejection filed on                                                                            
                 March 18, 1996 (paper no. 6) will be entered upon the filing                                                                           
                 of an appeal.  That amendment, however, has not been                                                                                   

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