Ex parte TODARO 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                        publication in a law journal and (2) is not binding precedent of the Board.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. 29                                                  

                                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                                   
                                                                                             __________                                                                                                          
                                                             BEFORE THE BOARD OF PATENT APPEALS                                                                                                                  
                                                                                  AND INTERFERENCES                                                                                                              
                                                                                             __________                                                                                                          
                                                                           Ex parte GEORGE J. TODARO,                                                                                                            
                                                                                   DAVID W. LEUNG and                                                                                                            
                                                                                      TIMOTHY M. ROSE                                                                                                            
                                                                                             __________                                                                                                          
                                                                                   Appeal No. 1997-3020                                                                                                          
                                                                                   Application 08/149,101                                                                                                        
                                                                                             __________                                                                                                          
                                                                                 HEARING REQUESTED1                                                                                                              
                                                                                               __________                                                                                                        
                        Before WINTERS and WILLIAM F. SMITH, Administrative Patent Judges, and                                                                                                                   
                        McKELVEY, Senior Administrative Patent Judge.                                                                                                                                            

                        WILLIAM F. SMITH, Administrative Patent Judge                                                                                                                                            


                                    1 Appellants have requested that this appeal be set for oral argument.  However, we                                                                                          
                        have reviewed this case together with related Appeal No. 1996-3538, Application                                                                                                          
                        08/097,869.  Appellants in Appeal 1996-3538 also requested oral argument and upon the                                                                                                    
                        setting of a hearing date, waived the hearing.  In reviewing both appeals it became                                                                                                      
                        apparent for the reasons set forth infra that a hearing in this appeal would not be needed.                                                                                              

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