Ex parte CULBERT 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               journal and (2) is not binding precedent of the Board.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. 23                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                  ________________                                    
                  Ex parte DANIEL J. CULBERT and ROBERT V. WELLAND                    
                                  ________________                                    
                                Appeal No. 1998-0717                                  
                               Application 08/099,841                                 
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before KRASS, JERRY SMITH and GROSS, Administrative Patent                  
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   
          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 1-31, which constitute              
          all the claims in the application.  An amendment was filed                  
          concurrently with the reply brief on September 8, 1997 but was              
          denied entry by the examiner.                                               
                                         -1-                                          





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