Ex parte KIRK 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          (2) is not binding precedent of the Board.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. 18              



                     UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                    _____________                                      

                         BEFORE THE BOARD OF PATENT APPEALS                            
                                  AND INTERFERENCES                                    
                                    _____________                                      

                               Ex parte THOMAS C. KIRK                                 
                                         and                                           
                                    DAVID WITIAK                                       
                                    _____________                                      

                                Appeal No. 1997-2446                                   
                               Application 08/223,351                                  
                                    ______________                                     
                                       ON BRIEF                                        
                                   _______________                                     

          Before KIMLIN, JOHN D. SMITH and WALTZ, Administrative Patent Judges.        
          JOHN D. SMITH, Administrative Patent Judge.                                  


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