Ex parte SUMMERFELT 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                          journal and (2) is not binding precedent of the Board.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. 42                                                   

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                             ________________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                             ________________                                                                           
                                 Ex parte SCOTT R. SUMMERFELT, HOWARD R. BERATAN                                                                        
                                                           and BRUCE E. GNADE                                                                           
                                                             ________________                                                                           
                                                          Appeal No. 1997-2026                                                                          
                                                        Application 08/317,108                                                                          
                                                             ________________                                                                           
                                                                    ON BRIEF                                                                            
                                                             ________________                                                                           
                 Before LALL, DIXON and BLANKENSHIP, Administrative Patent                                                                              
                 Judges.                                                                                                                                
                 LALL, Administrative Patent Judge.                                                                                                     


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection  of claims 2 to                 1                                                  
                 4, 10 to 15, 24, and 28 to 33, all the pending claims in the                                                                           

                          1There were two amendments after the final rejection                                                                          
                 [paper nos. 29 and 32].  Both were denied entry by the                                                                                 
                 Examiner [paper nos. 30 and 33].                                                                                                       
                                                                         -1-                                                                            





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