Ex parte MACLAUCHLAN - 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              publication in a law journal and (2) is not binding precedent of the Board.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. 10                        
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                   _____________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                         
                                                   _____________                                                         
                                         Ex parte DANIEL T. MacLAUCHLAN                                                  
                                                   _____________                                                         
                                                Appeal No. 1998-2443                                                     
                                              Application No. 08/704,956                                                 
                                                   ______________                                                        
                                                      ON BRIEF                                                           
                                                  _______________                                                        
              Before KRASS,  BARRETT and GROSS,  Administrative Patent Judges.                                           
              KRASS, Administrative Patent Judge.                                                                        

                                               DECISION ON APPEAL                                                        
                     This is a decision on appeal from the final rejection of claim 21, the sole claim                   
              pending in the application.                                                                                
                     The invention is directed to a method for determining a liquid level in a container                 
              using an electromagnetic acoustic transducer (EMAT).  The method is applied to                             
              containers having a thin metal wall.  Because the thin wall is much more compliant than                    




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