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                       entered today is not binding precedent of the Board.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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