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for publication and is not binding precedent of the Board.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. 11
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte WILLIAM J. DAUKSHER and DOUGLAS J. RESNICK
____________
Appeal No. 1998-2329
Application No. 08/740,402
____________
ON BRIEF
____________
Before PAK, OWENS, and WALTZ, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal under 35 U.S.C. § 134 from
the examiner’s final rejection of claims 1 through 9 and 19.
Claims 10 through 18 are the only other claims pending in this
application but remain withdrawn from consideration by the
examiner as being directed to a non-elected invention (Final
Rejection dated Sep. 3, 1997, Paper No. 4, page 2).
According to appellants, the invention is directed to a
method of forming a low stress, hard mask for use in refractory
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