Ex parte STROOM et al. - Page 1






                                        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                                   was not written for publication and is not binding precedent of                                       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.                                                                    

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