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              publication in a law journal and (2) is not binding precedent of the Board.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