Ex parte FREY 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                          not written for publication in a law journal and (2) is not binding                                                           
                          precedent of the Board.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. 15                          
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                             AND INTERFERENCES                                                                          
                      Ex parte GREGG W. FREY, JONATHAN E. SNYDER and AJAY A. BHAVE                                                                      
                                                           Appeal No. 1997-3026                                                                         
                                                     Application No. 08/344,053                                                                         
                                                                     ON BRIEF                                                                           
                 Before KRASS, FLEMING, and HECKER, Administrative Patent                                                                               
                 KRASS, Administrative Patent Judge.                                                                                                    

                                                            DECISION ON APPEAL                                                                          

                          This is a decision on appeal from the final rejection of                                                                      
                 claims 1 through 3, 5 through 12, 14 and 15.  Claims 4 and 13                                                                          
                 have been canceled.1                                                                                                                   

                          1We note that although the appendix to the principal                                                                          
                 brief shows claim 5 dependent on a canceled claim 4, claim 5                                                                           
                 is actually non dependent on claim 1.                                                                                                  

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