Ex parte HERST - Page 1




             The opinion in support of the decision being entered today was not written
             for publication in a law journal and is not binding precedent of the Board.
                                                                 Paper No. 16         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte DOUGLAS J. HERST                              
                                     ____________                                     
                                 Appeal No. 1998-2376                                 
                              Application No. 08/400,325                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before THOMAS, BARRETT, and BARRY, Administrative Patent Judges.            
          BARRY, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from                
          the  rejection of claims 1-7.  We reverse.                                  


                                     BACKGROUND                                       
               The invention at issue in this appeal relates to linear                
          direct-indirect lighting fixtures.  Such fixtures have bottom               
          openings for providing direct lighting a top opening for                    
          providing indirect lighting.  The fixtures are used in                      







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