Ex parte BALDI - 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                                was not written for publication and is not binding precedent of                             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. 39                         

                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    _______________                                                         

                                      BEFORE THE BOARD OF PATENT APPEALS                                                    
                                                 AND INTERFERENCES                                                          
                                                    _______________                                                         

                                                  Ex parte LIVIO BALDI                                                      
                                                     ______________                                                         

                                                  Appeal No. 1997-3532                                                      
                                                  Application 08/411,385                                                    
                                                    _______________                                                         

                                                        ON BRIEF                                                            
                                                    _______________                                                         

              Before PAK, WARREN and DELMENDO, Administrative Patent Judges.                                                

              WARREN, Administrative Patent Judge.                                                                          
                                              Decision on Appeal and Opinion                                                
                     We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the            
              opposing views of the examiner, in the answer, and appellant, in the brief and reply brief,1 and based on     
              our review, find that we cannot sustain the grounds of rejection of appealed claims 1, 2 and 4 through        





                                                                                                                            
              1  We have considered the brief filed July 19, 1996 (Paper No. 30).  We have not considered the               
              declaration under 37 CFR § 1.132 filed with the brief as the examiner refused entry thereof in the            
              advisory action of September 27, 1995 (Paper No. 24).                                                         

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