Ex parte NYE 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              publication in a law journal and (2) is not binding precedent of the Board.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 THEODORE W. NYE, ALLEN J. BRONOWICKI                                             
                                  GEORGE R. DVORSKY and  RICHARD E. WYSE                                               
                                                   _____________                                                       
                                               Appeal No. 1997-3088                                                    
                                             Application No. 08/521,562                                                
                                                  ______________                                                       
                                                     ON BRIEF                                                          
                                                 _______________                                                       
              Before HAIRSTON, KRASS and FLEMING,  Administrative Patent Judges.                                       
              KRASS, Administrative Patent Judge.                                                                      

                                              DECISION ON APPEAL                                                       
                     This is a decision on appeal from the final rejection of claims 1,2, 4-8, 10-18,                  
              20-23 and 25-33.  Claim 34 has been indicated by the examiner as being allowable.                        
                     The invention is directed to the provision of a modular control patch assembly                    
              having sensor and actuator piezoelectric elements for controlling strain in a foundation                 
              member to which it is applied.                                                                           



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