Ex parte KIRSCHNER 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              (2) is not binding precedent of the Board.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.  15                      

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                         
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                    __________                                                         
                                           Ex parte MARK J. KIRSCHNER                                                  
                                             and RUSTAM H. SETHNA                                                      
                                                    __________                                                         
                                               Appeal No. 1997-1371                                                    
                                             Application No. 08/213,290                                                
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
              Before DOWNEY, WILLIAM F. SMITH, and LORIN, Administrative Patent Judges,                                
              DOWNEY, Administrative Patent Judge.                                                                     

                                              DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C.  134 from the final rejection of claims 1-3.                   
              Claims 4-8 stand allowed.                                                                                
                     Appellants withdraw claim 3 from appeal (Brief, page 1, III).  Accordingly, the                   
              appeal as to claim 3 is dismissed.                                                                       



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