Ex parte WAGNER - 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                               publication in a law journal and (2) is not binding precedent of the Board.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. 13              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                     BEFORE THE BOARD OF PATENT APPEALS                                                    
                                                 AND INTERFERENCES                                                         
                                             Ex parte HARVEY L. WAGNER                                                     
                                                  Appeal No. 1997-1899                                                     
                                                Application No. 08/407,1451                                                
                                                         ON BRIEF                                                          
              Before THOMAS, BARRETT, and DIXON, Administrative Patent Judges.                                             
              DIXON, Administrative Patent Judge.                                                                          

                                                 DECISION ON APPEAL                                                        

                     This is a decision on appeal from the examiner's final rejection of claims 1-7, which                 
              are all of the claims pending in this application.                                                           

                     We REVERSE.                                                                                           

                     1Application for patent filed March 20, 1995.                                                         

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