Ex Parte TOMKO 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                     publication in a law journal and (2) is not binding precedent of the Board.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 JOHN TOMKO                                                                                            
                                                                   and JEFFREY E. TELSCHOW                                                                                             
                                                                                 __________                                                                                            
                                                                         Appeal No. 1997-3374                                                                                          
                                                                         Application 08/386,393                                                                                        
                                                                                 __________                                                                                            
                                                                                   ON BRIEF                                                                                            
                                                                                 __________                                                                                            
                     Before WILLIAM F. SMITH, Administrative Patent Judge, and MCKELVEY, Senior                                                                                        
                     Administrative Patent Judge, and SPIEGEL, Administrative Patent Judge.                                                                                            
                     WILLIAM F. SMITH, Administrative Patent Judge.                                                                                                                    


                                                   DECISION ON APPEAL UNDER 35 U.S.C.  134                                                                                            
                                                                                          I.                                                                                           
                                Upon consideration of APPELLANTS’ BRIEF (Paper No. 10), the EXAMINER’S                                                                                 
                     ANSWER (Paper No. 12),   APPELLANTS’ REPLY BRIEF (Paper No. 13), and the                                                                                          
                     SUPPLEMENTAL EXAMINER’S ANSWER (Paper No. 14), it is                                                                                                              


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