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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 1Page: 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007