Ex parte LEMAIRE et al. - Page 1




                                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                       
              The opinion in support of the decision entered today (1) was not written for publication in a law journal and (2) is
              not binding precedent of the Board.                                                                      
                                                                                              Paper No. 32             
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                               __________________                                                      
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                               __________________                                                      
                                       Ex parte CHARLES A. LEMAIRE, and                                                
                                             and BRYAN L. STRIEMER                                                     
                                               __________________                                                      
                                               Appeal No. 1998-0610                                                    
                                              Application 08/584,7261                                                  
                                                 ________________                                                      
                                                     ON BRIEF                                                          
                                                 ________________                                                      
              Before McKELVEY, Senior Administrative Patent Judge, and LEE and MEDLEY,                                 
              Administrative Patent Judges.                                                                            
              LEE, Administrative Patent Judge.                                                                        
                                              DECISION ON APPEAL                                                       

                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s rejection of               
              appellants’ claims 1-34.  No claim has been allowed.  The real party in interest is                      
              International Business Machines Corporation.                                                             
                                      References relied on by the Examiner                                             

              Freeman                                   4,602,279            Jul. 22, 1986                             
              Rodriguez et al. (Rodriguez)              4,479,124            Oct. 23, 1984                             
              Yamaguchi                                 4,742,516            May   3, 1988                             

                     1                                                                                                 
                            Application for patent filed January 11, 1996.  According to appellants, it is a continuation of
              application 07/993,163, filed December 18, 1992.                                                         





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