Ex parte MALLARD - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 19                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                      Ex parte RICHARD L. MALLARD                                                                       
                                                                   ____________                                                                         
                                                           Appeal No. 1997-4043                                                                         
                                                      Application No. 08/124,3321                                                                       
                                                                   ____________                                                                         
                                                         HEARD: January 13, 2000                                                                        
                                                                   ____________                                                                         

                 Before KRASS, BARRETT, and BARRY, Administrative Patent Judges.                                                                        
                 BARRY, Administrative Patent Judge.                                                                                                    




                                                             DECISION ON APPEAL                                                                         


                          This is a decision on the appeal under 35 U.S.C.  134                                                                        
                 from the final rejection of claims 1-12.  We reverse.                                                                                  





                          1The application was filed on September 21, 1993.                                                                             





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