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            publication in a law journal and (2) is not binding precedent of the Board.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