Ex parte SHAPIRO - 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            publication in a law journal and (2) is not binding precedent of the Board.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 STEVEN D. SHAPIRO                                             
                                            Appeal No. 1997-3329                                              
                                         Application No. 08/396,9881                                          
                                                 ON BRIEF                                                     
            Before WILLIAM F. SMITH, ELLIS, and ROBINSON, Administrative Patent Judges.                       
            ROBINSON, Administrative Patent Judge.                                                            

                                           DECISION ON APPEAL                                                 

                   This is a decision on the appeal under 35 U.S.C.  134 from the examiner's final           
            rejection of claim 3, the only remaining pending claim.                                           

                   1Application for patent filed March 1, 1995.  According to appellant, this application     
            is a divisional of Application 08/068,392, filed May 28, 1993, which is currently the subject     
            of an appeal (Appeal No. 1995-2464) pending before this Board.  We have considered                
            the two appeals together.                                                                         

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