Ex parte BEER et al. - 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                 (2) is not binding precedent of the Board.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. 12                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           
                                                       Ex parte JOHN C. BEER,                                                                           
                                                             MARK T. BOWMAN,                                                                            
                                                           GEORGIA A. GIBSON                                                                            
                                                       and JULIETA K. YAMAKAWA                                                                          
                                                                _____________                                                                           
                                                          Appeal No. 1997-1199                                                                          
                                                    Application No. 08/309,366                                                                          
                                                               ______________                                                                           
                                                                    ON BRIEF                                                                            
                                                              _______________                                                                           

                 Before KRASS, BARRETT and LALL, Administrative Patent Judges.                                                                          
                 LALL, Administrative Patent Judge.                                                                                                     

                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection  of claims 1,                   1                                                  


                          1An amendment after the final rejection was filed (paper                                                                      
                 no. 5) and was approved for entry (paper no. 7).  As a result,                                                                         
                 the rejection under 35 U.S.C.  112, second paragraph, was                                                                             
                 withdrawn.                                                                                                                             
                                                                           1                                                                            





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