Ex parte CHENE 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                                 publication and is not binding precedent of the Board.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.  27                    
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                      __________                                                          
                                    BEFORE THE BOARD OF PATENT APPEALS                                                    
                                                AND INTERFERENCES                                                         
                                                      __________                                                          
                                    Ex parte ALAIN CHENE and SCOT K. HUBER                                                
                                                      __________                                                          
                                                 Appeal No. 1998-0365                                                     
                                              Application No. 08/501,336                                                  
                                                      __________                                                          
                                                       ON BRIEF1                                                          
                                                      __________                                                          
                 Before WINTERS, SCHEINER and ADAMS, Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                      

                                                DECISION ON APPEAL                                                        
                         This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                       
                 final rejection of claims 1-3, 5-6 and 9-16.  Claims 4, 7 and 8 are canceled2, and                       
                 claims 17-19 are indicated as allowed3.                                                                  
                         Claim 1 is illustrative of the subject matter on appeal and is reproduced in                     
                 the appendix to the appeal Brief.                                                                        



                                                                                                                          
                 1 This merits panel found that the oral hearing scheduled for February 8, 2001, was                      
                 not necessary.  37 C.F.R. § 1.194(c).                                                                    
                 2 Paper No. 16, received January 30, 1997.                                                               
                 3 Paper No. 18, mailed February 18, 1997.                                                                





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