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              (2) is not binding precedent of the Board.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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