Ex parte JOHNSON et al. - Page 1




              Appeal No. 1997-1551                                                                                          
              Application No. 08/235,597                                                                                    
                             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              publication in a law journal and (2) is not binding precedent of the Board.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.  19                        

                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                       __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                      
                                                AND INTERFERENCES                                                           
                                                       __________                                                           
                    Ex parte DENNIS W. JOHNSON, PERVAJI A. BHAT and THOMAS R. GOOTS                                         
                                                       __________                                                           
                                                 Appeal No. 1997-1551                                                       
                                               Application no. 08/235,5971                                                  
                                                       __________                                                           
                                                        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              1-6.2          
                                                                                                                           
              1 US appl. no. 08/448,060 is a divisional continuation of the instant application.  The claims of 08/448,060  
              also are the subject of appeal no. 97-2914, which is being decided concurrently with the instant appeal.      
              2 The February 21, 1996 Final Rejection involved claims 1-8.  On April 25, 1996, however, the appellants filed
              an Amendment after Final Rejection which amended claim 1 and cancelled claims 7 and 8.  The examiner          





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