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                        publication in a law journal and (2) is not binding precedent of the Board.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