Ex parte LAFONTAINE 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                     not binding precedent of the Board.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. 16                                          
                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                                    Ex parte WILLIAM R. LAFONTAINE, JR.,                                                                                               
                                                                          PAUL A. MESCHER                                                                                              
                                                                   and CHARLES G. WOYCHIK                                                                                              
                                                                            _____________                                                                                              
                                                                     Appeal No. 1997-4415                                                                                              
                                                                   Application 08/469,9901                                                                                             
                                                                            ______________                                                                                             
                                                                                  ON BRIEF                                                                                             
                                                                           _______________                                                                                             
                     Before JERRY SMITH, FLEMING and RUGGIERO, Administrative                                                                                                          
                     Patent Judges.                                                                                                                                                    
                     FLEMING, Administrative Patent Judge.                                                                                                                             

                                                                        DECISION ON APPEAL                                                                                             
                                This is a decision on appeal from the final rejection of                                                                                               
                     claims 10-12, 18 and 19.  Claims 13-16 are withdrawn from                                                                                                         


                                1 Application for patent filed June 6, 1995.  This                                                                                                     
                     application is a divisional of Application 08/189,530, filed                                                                                                      
                     January 31, 1994.  Application 08/189,530 resulted in Appeal                                                                                                      
                     No. 96-1846, in which this panel affirmed-in-part the                                                                                                             
                     Examiner's rejection.  We note that this appeal involves                                                                                                          
                     different claims and thereby res judicata is not an issue.                                                                                                        
                                                                                          1                                                                                            





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