Ex parte SUCCI 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                          today was not written for publication and is not                                                                              
                          binding precedent of the Board.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. 37                                          

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                             ________________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                             ________________                                                                           
                                        Ex parte MARCO SUCCI and CAROLINA SOLCIA                                                                        
                                                             ________________                                                                           
                                                          Appeal No. 1998-2002                                                                          
                                                        Application 08/690,016                                                                          
                                                             ________________                                                                           
                                                                    ON BRIEF                                                                            
                                                             ________________                                                                           
                 Before GARRIS, HANLON and TIMM, Administrative Patent Judges.                                                                          
                 HANLON, Administrative Patent Judge.                                                                                                   


                                                           DECISION ON APPEAL                                                                           
                          This is a decision on an appeal under 35 U.S.C. § 134                                                                         
                 from the final rejection of claims 33-40 and 42-57, all of the                                                                         
                 claims pending in the application.   The claims on appeal are1                                                                         

                          1Claims 41 and 58 were also finally rejected.  However,                                                                       
                 those claims were canceled in an Amendment under 37 CFR §                                                                              
                 1.116(a).  Paper No. 22.  That amendment was entered by the                                                                            
                 examiner.  See Paper No. 23 (“Upon the filing of an appeal,                                                                            
                 the proposed amendment will be entered.”).  Therefore, the                                                                             
                                                                         -1-                                                                            





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