The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. Paper No. 43 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte PAUL D. STROOM, GARY F. HOWORTH and MICHAEL T. SCHWEITZER ______________ Appeal No. 1997-1613 Application 08/109,646 _______________ HEARD: October 11, 2000 _______________ Before WARREN, OWENS and JEFFREY T. SMITH, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal and Opinion This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting claims 1, 2 4 through 9, 11 through 14, 17 through 20 and 23 through 32.1 We have carefully considered the record before us, and based thereon, find that we cannot sustain the ground of rejection of the appealed claims under 35 U.S.C. § 103 over Merry in view of Wagner et al and either Luckanuck or Peterson et al.2 1 See the amendment of September 18, 1995 (Paper No. 26). 2 The references are listed at page 3 of the answer. - 1 -Page: 1 2 3 4 5 NextLast modified: November 3, 2007