Ex parte MASSIE et al. - Page 1




                          The opinion in support of the decision being                 
                       entered today is not binding precedent of the Board.            
                                                             Paper 17                  
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                      

                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                    _____________                                      

                   Ex parte JOHNNY D. MASSIE, II, JEAN M. MASSIE,                      
                        DONALD W. STAFFORD and PETER E. WALLIN                         
                                    _____________                                      
                                   Appeal 1997-2589                                    
                               Application 08/423,4811                                 
                                    ______________                                     

          Before:  WILLIAM F. SMITH, Administrative Patent Judge,                      
          McKELVEY, Senior Administrative Patent Judge, and                            
          LORIN, Administrative Patent Judge.                                          

          McKELVEY, Senior Administrative Patent Judge.                                

                             MEMORANDUM OPINION and ORDER                              
                       Decision on appeal under 35 U.S.C. § 134                        
               The appeal is from a decision of the Primary Examiner                   
          rejecting claims 1-2, 5-6 and 9-10.  Applicants have withdrawn               
          the appeal as to claims 9-10.  We reverse as to claims 1-2                   
          and 5-6 and dismiss the appeal as to claims 9-10.                            


          Application for patent filed 19 April 1995.  The real party in interest is1                                                                        
          Lexmark International, Inc.                                                  





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