Ex parte ESPIE et al. - Page 1




                    The opinion in support of the decision being entered today was not written for                                                      
                         publication in a law journal and is not binding precedent of the Board.                                                        
                                                                                                                    Paper No. 16                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                         Ex parte JACQUES ESPIE,                                                                        
                                                                 DANIEL LABARRE                                                                         
                                                                           and                                                                          
                                                                   MAURICE REY                                                                          
                                                                   ____________                                                                         
                                                           Appeal No. 1997-4111                                                                         
                                                      Application No. 08/540,947                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before CALVERT, COHEN, and NASE, Administrative Patent Judges.                                                                         
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1, 3, 4, 7-9, 11 and 12.   Claims 10 and                   1                                                       
                 13 have been withdrawn from consideration under 37 CFR §                                                                               
                 1.142(b) as being drawn to a nonelected invention.  Claims 2,                                                                          
                 5 and 6 have been canceled.                                                                                                            



                          1Claim 1 was amended subsequent to the final rejection.                                                                       





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