Ex parte SMITH et al. - 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           for publication in a law journal and (2) is not binding precedent of the Board.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. 12         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte CURTIS P. SMITH,                              
                                    JOHN W. REISCH                                    
                                 and RICHARD J. FEEGEL                                
                                     ____________                                     
                                 Appeal No. 1997-1907                                 
                              Application No. 08/265,369                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before WARREN, OWENS, and KRATZ, Administrative Patent Judges.              
          KRATZ, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1 through 14, which are all of the claims               
          pending in this application.                                                
                                     BACKGROUND                                       
               At the outset, we note that U.S. application No.                       
          08/376,270 was filed on January 23, 1995 as a continuation-in-              






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