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                               publication in a law journal and (2) is not binding precedent of the Board.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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