Ex parte KRESS - 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           for publication in a law journal and (2) is not binding precedent of the Board.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 RONALD D. KRESS                                
                                    ____________                                      
                                Appeal No. 1998-1372                                  
                             Application No. 08/295,708                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before COHEN, PATE and NASE, Administrative Patent Judges.                  
          PATE, Administrative Patent Judge.                                          


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 13,               
          20, 23 and 25.  Subsequent to the examiner’s answer, appellant              
          has filed a terminal disclaimer which has obviated the                      
          standing obviousness-type double patenting rejection of claims              
          13, 20, 23 and 25 and the standing nonobviousness-type double               
          patenting rejection of claims 13, 20, 23, 25 and 26.                        
          Therefore, all rejections of claim 26 are withdrawn, and claim              
          26 stands allowed on this record.                                           






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