Ex parte HERVE - 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               journal and (2) is not binding precedent of the                        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. 51           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                                Ex parte PHILIP HERVE                                 
                                    ____________                                      
                                 Appeal No. 95-0055                                   
                             Application No. 07/985,354                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before WARREN, WALTZ, and LIEBERMAN, Administrative Patent                  
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         




                                 DECISION ON APPEAL                                   
               This is an appeal under 35 U.S.C. § 134 from the                       
          examiner’s refusal to allow claims 45 through 65, as amended                
          after the final rejection (see the amendment dated Dec. 20,                 
          1993 (Paper No. 25), and the Advisory Action dated Feb. 3,                  








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