Ex parte CHIU 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              in a law journal and is not binding precedent of the Board.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. 22                
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                   ____________                                                        
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                   ____________                                                        
                                  Ex parte TONY CHIU and ROBERT ALVEREZ1                                               
                                                   ____________                                                        
                                               Appeal No. 1998-0372                                                    
                                             Application No. 08/533,585                                                
                                                   ____________                                                        
                                                     ON BRIEF                                                          
                                                   ____________                                                        
              Before KRASS, FLEMING, and BLANKENSHIP, Administrative Patent Judges.                                    
              BLANKENSHIP, Administrative Patent Judge.                                                                




                                              DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final                      
              rejection of Claims 21 and 23-28, all the claims remaining in the application.                           
                     We affirm-in-part.                                                                                





                     We note that the USPTO database and certain papers filed by appellants spell the co-inventor’s1                                                                                                
              name as “Alverez.”  However, the original declaration (filed August 30, 1994) spells the name as “Alvarez.”
              The correct spelling should be confirmed before allowing the application to pass to issue.               





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