Ex parte BENTON - 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               written for publication and is not binding precedent of the Board.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. 18              
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                              Ex parte FRANCES H. BENTON                              
                                     ____________                                     
                                 Appeal No. 1998-2465                                 
                              Application No. 08/599,192                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before FLEMING, DIXON, and GROSS, Administrative Patent Judges.             
          GROSS, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1, 3, 4, 7, 13 through 19, 21 through 23,               
          and 28, which are all of the claims pending in this                         
          application.                                                                
               Appellant's invention relates to a fluid overfill                      
          detection probe.  The probe includes an infrared light source,              
          a prism made of a fluoropolymer material, and a photodetector.              
          When the fluid being detected contacts the prism, the prism                 
          surfaces internally reflect an optical signal from the light                





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