Ex parte JOHNSTONE - Page 1




          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                               Paper No. 19           
                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                            Ex parte ROBERT H. JOHNSTONE                              
                                    ____________                                      
                                Appeal No. 1997-2839                                  
                             Application No. 08/448,778                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before STONER, Chief Administrative Patent Judge, COHEN and                 
          LAZARUS, Administrative Patent Judges.                                      
          LAZARUS, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                 
          rejection of claims 16-35 under 35 U.S.C.  103.1                           


               We reverse.                                                            




                                                                                     
          1Claims 16 and 28 were amended (Paper Nos. 13 and 17 received December 2, 1996
          and May 2, 1997, respectively) after the final office action (Paper No. 7   
          mailed August 1, 1996).                                                     





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