Ex parte ASCHENBECK 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                                                  not binding precedent of the Board.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. 20              
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                         ____________                                                          
                                       BEFORE THE BOARD OF PATENT APPEALS                                                      
                                                   AND INTERFERENCES                                                           
                                                         ____________                                                          
                             Ex parte DAVID P. ASCHENBECK and MICHAEL T. PELLEGRIN                                             
                                                         ____________                                                          
                                                     Appeal No. 1998-0241                                                      
                                                  Application No. 08/465,373                                                   
                                                         ____________                                                          
                                                           ON BRIEF                                                            
                                                         ____________                                                          
              Before CALVERT, PATE and BAHR, Administrative Patent Judges.                                                     
              BAHR, Administrative Patent Judge.                                                                               




                                                   DECISION ON APPEAL                                                          
                      This is a decision on appeal from the examiner's refusal to allow claims 1, 2, 4, 6 and                  
              8-11.  In the final rejection (Paper No. 7), claims 12 and 20-22 were indicated as allowable,                    
              claim 5 was objected to as being dependent on a rejected base claim and claims 1-4 and 6-11                      
              were rejected.  Subsequent to the final rejection, claims 1 and 3 were amended and claim 7                       










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