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                 (2) is not binding precedent of the Board.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                                                                             

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