Ex parte GRUBER et al. - Page 1




             The opinion in support of the decision being entered today was not written
                    for publication and is not binding precedent of the Board.        

                                                                 Paper No. 22         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                            Ex parte PETER A. GRUBER et al.                           
                                     ____________                                     
                                 Appeal No. 1998-3207                                 
                              Application No. 08/518,874                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before McQUADE, NASE, and GONZALES, Administrative Patent                   
          Judges.                                                                     
          NASE, Administrative Patent Judge.                                          



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1, 3-13 and 18-21.  Claims 14-17 have been              
          withdrawn from consideration under 37 CFR  1.142(b) as being               
          drawn to a nonelected invention.  Claim 2 has been canceled.                


               We REVERSE.                                                            







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