Ex parte GERSTENBERGER 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          not binding precedent of the Board.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. 27              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                     __________                                       
                 Ex parte ROLAND W. GERSTENBERGER and ROBERT L. BUCK                  
                                     __________                                       
                                Appeal No. 1998-2811                                  
                               Application 08/670,137                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before McQUADE, NASE and GONZALES, Administrative Patent                    
          Judges.                                                                     
          McQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Roland W. Gerstenberger et al. appeal from the final                   
          rejection of claims 1 through 16 and 29 through 32, all of the              
          claims pending in the application.  We reverse.                             
               The invention relates to “feminine hygienic interlabia                 
          pads” (specification, page 1).  Claim 1 is illustrative and                 



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