Ex parte LAFONTAINE 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                     not binding precedent of the Board.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. 13                                          
                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                                    Ex parte WILLIAM R. LAFONTAINE, JR.,                                                                                               
                                                                          PAUL A. MESCHER                                                                                              
                                                                   and CHARLES G. WOYCHIK                                                                                              
                                                                            _____________                                                                                              
                                                                     Appeal No. 1998-1623                                                                                              
                                                                   Application 08/433,6251                                                                                             
                                                                            ______________                                                                                             
                                                                                  ON BRIEF                                                                                             
                                                                           _______________                                                                                             
                     Before JERRY SMITH, FLEMING and RUGGIERO, Administrative                                                                                                          
                     Patent Judges.                                                                                                                                                    
                     FLEMING, Administrative Patent Judge.                                                                                                                             







                                1 Application for patent filed May 3, 1995, which is a                                                                                                 
                     division of Application 08/189,530, filed January 31, 1994.                                                                                                       
                     Application 08/189,530 resulted in Appeal No. 96-1846, which                                                                                                      
                     was decided by this panel, in which we affirmed-in-part the                                                                                                       
                     Examiner's decision.  We note that we have different claims                                                                                                       
                     and facts before us on this appeal and thereby res judicata is                                                                                                    
                     not an issue.                                                                                                                                                     
                                                                                          1                                                                                            





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