Ex parte LEAHY 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          not binding precedent of the Board.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 KEVIN P. LEAHY and COREY D. JONES                       
                                    _____________                                     
                                Appeal No. 1999-0936                                  
                             Application No. 08/890,263                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before McCANDLISH, Senior Administrative Patent Judge and                   
          STAAB and GONZALES, Administrative Patent Judges.                           
          STAAB, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the examiner’s final              
          rejection of claim 3 in this broadening reissue application                 
          based on appellants’ U.S. Patent No. 5,528,828, issued June                 
          25, 1996.  Claims 1 and 2, the only other claims pending in                 
          the application, have been allowed.                                         


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