Ex parte PATEL et al. - Page 1




                          The opinion in support of the decision being                 
                       entered today is not binding precedent of the Board.            
                                                             Paper 20                  
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                      

                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                    _____________                                      

                               Ex parte RAJES PATEL,                                   
                             LYLE M. BOWMAN and PENG SHEN                              
                                    _____________                                      
                                   Appeal 1997-2447                                    
                               Application 08/248,5001                                 
                                    ______________                                     
          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 primary examiner's rejection of               
          claims 1-18 and 20-24 under 35 U.S.C. § 103 as being                         
          unpatentable over Patel, U.S. Patent 5,340,572 (1994), Davis,                



          Application for patent filed 24 May 1994.  The real party in interest is InSite1                                                                        
          Vision, Inc.                                                                 





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