Ex parte SKIRHA 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                                    was not written for publication and is not binding precedent of                                            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. 22                               

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                                                            _______________                                                                    

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                         AND INTERFERENCES                                                                     
                                                            _______________                                                                    

                                                     Ex parte MARTIN D. SKIRHA,                                                                
                                        EDWARD R. NOVINGER and WILLIAM A. NYBERG                                                               
                                                             ______________                                                                    

                                                          Appeal No. 1997-1920                                                                 
                                                          Application 08/324,059                                                               
                                                            _______________                                                                    

                                                                 ON BRIEF                                                                      
                                                            _______________                                                                    

                Before JOHN D. SMITH, WARREN and WALTZ, 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 through 9, which are all of the claims in the application.1                                                           
                         We have carefully considered the record before us, and based thereon, find that we cannot                             
                sustain the grounds of rejection of appealed claims 1, 4 and 5 under 35 U.S.C.  103 over Durfee in                            
                view of Kulaszewicz et al. in further view of Ripplinger and of appealed claims 2, 3 and 6 through 9                           



                                                                                                                                               
                1  Specification, pages 12-14.                                                                                                 

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