Ex parte LATHAM - 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                       publication in a law journal and (2) is not binding precedent of the Board.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. 25              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                      ____________                                                        
                                     BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                 AND INTERFERENCES                                                        
                                                      ____________                                                        
                                               Ex parte ROY W. LATHAM                                                     
                                                      ____________                                                        
                                                  Appeal No. 1998-0426                                                    
                                               Application No. 08/307,028                                                 
                                                      ____________                                                        
                                                        ON BRIEF                                                          
                                                      ____________                                                        
              Before JERRY SMITH, BARRETT, and DIXON, Administrative Patent Judges.                                       
              DIXON, Administrative Patent Judge.                                                                         



                                                 DECISION ON APPEAL                                                       

                     This is a decision on appeal from the examiner's non-final rejection of claims                       
              1-5, which are all of the claims pending in this application.                                               
                     We REVERSE.                                                                                          












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