Ex parte FUTO 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                                                  for publication and is not binding precedent of the Board.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. 15                       
                                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                
                                                                         ____________                                                                               
                                                  BEFORE THE BOARD OF PATENT APPEALS                                                                                
                                                                  AND INTERFERENCES                                                                                 
                                                                         ____________                                                                               
                                            Ex parte DENNIS M. FUTO AND JEFFREY S. PLANTZ                                                                           
                                                                         ____________                                                                               
                                                                   Appeal No. 1999-1165                                                                             
                                                                Application No. 08/753,174                                                                          
                                                                         ____________                                                                               
                                                                            ON BRIEF                                                                                
                                                                         ____________                                                                               
                   Before ABRAMS, STAAB, and CRAWFORD, Administrative Patent Judges.                                                                                
                   ABRAMS, Administrative Patent Judge.                                                                                                             




                                                                  DECISION ON APPEAL                                                                                
                            This is a decision on appeal from the examiner's final rejection of claims 1, 3-5, 7-                                                   
                   11, 15-18, 20 and 21, which are all of the claims pending in this application.1                                                                  


                            We REVERSE.                                                                                                                             





                            1Claim 20 was amended after the final rejection, which overcame a rejection under                                                       
                   35 U.S.C.  112, first paragraph (see Papers No. 7 and 8).                                                                                       





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