Ex parte GIBBONS et al. - Page 1




            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                                                               Paper No. 22           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
             Ex parte ROBERT C. GIBBONS, SAMUEL R. MCKENNEY, S. CHARLES               
                     BABER, RICHARD R. CHANG and MICHAEL C. BELL                      
                                    ____________                                      
                                Appeal No. 1997-3301                                  
                             Application No. 08/159,879                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before GARRIS, HANLON, and PAK, Administrative Patent Judges.               
          HANLON, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                  
          from the final rejection of claims 1-20.  Claims 21-25 are                  
          also pending in the application but have been withdrawn from                
          consideration.  The claims on appeal are directed to a chopper              
          and a method of making the chopper.  Claim 9 is illustrative                
          and reads as follows:                                                       

          9.   A chopper which comprises:                                             







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