Ex parte BARKER et al. - Page 1




                          The opinion in support of the decision being                 
                       entered today is not binding precedent of the Board.            
                                                             Paper 13                  
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                      

                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                    _____________                                      

                    Ex parte DAVID A. BARKER, THOMAS C. FORSCHNER                      
                               and RANDALL L. SHEARER                                  
                                    _____________                                      
                                   Appeal 1997-2360                                    
                               Application 08/234,4951                                 
                                    ______________                                     

          Before:  McKELVEY, Senior Administrative Patent Judge, and                   
          SCHAFER and LEE, Administrative Patent Judges.                               

          McKELVEY, Senior Administrative Patent Judge.                                

                             MEMORANDUM OPINION and ORDER                              
                       Decision on appeal under 35 U.S.C.  134                        
               Upon consideration of the appeal brief and the examiner's               
          answer, it is                                                                
                    ORDERED that the examiner's rejection of claims 21-                
          29 as being unpatentable under 35 U.S.C.  103 over (1)                      

          Application for patent filed 28 April 1994.  According to applicants, the    
          application on appeal is a continuation of application 08/154,830, filed 19 November
          1993, which in turn is said to be a division of application 07/999,446, filed 31
          December 1992.  The real party in interest is believed to be Shell Oil Company.





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