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                     not binding precedent of the Board.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.                                                                                                        

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