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                          not written for publication in a law journal and (2) is not binding                                                           
                          precedent of the Board.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