Ex parte WARNER 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          not binding precedent of the Board.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. 16              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                    Ex parte RUEBEN B. WARNER and JOSEPH P. GASER                     
                                    _____________                                     
                                Appeal No. 1998-2833                                  
                             Application No. 08/585,403                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before, and COHEN, CRAWFORD and GONZALES, Administrative                    
          Patent Judges                                                               
          GONZALES, Administrative Patent Judge.                                      


                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the examiner's final              
          rejection of claims 1 through 19 and 36 through 39.  Claims 20              
          through 35 have been canceled.  In an advisory action mailed                
          February 10, 1998, the examiner has indicated that claims 1                 
          through 9, 36 and 37 are allowed.  Additionally, on page 2 of               
          the answer, the examiner has allowed claims 38 and 39 and                   






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