Ex parte BEAL 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                     publication and is not binding precedent of the Board.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. 12                
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                   ____________                                                        
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                   ____________                                                        
                              Ex parte THOMAS R. BEAL, DENNIS W. CHALMERS,                                             
                                                 and ERIC C.W. LIN                                                     
                                                   ____________                                                        
                                               Appeal No. 1998-2514                                                    
                                             Application No. 08/426,917                                                
                                                   ____________                                                        
                                                     ON BRIEF                                                          
                                                   ____________                                                        
             Before FLEMING, LALL, and BLANKENSHIP, Administrative Patent Judges.                                      
             BLANKENSHIP, Administrative Patent Judge.                                                                 




                                              DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner's rejection1                 
             of claims 1, 5-8, 21-25, and 42-44, which are all the claims remaining in the application.                
                     We reverse.                                                                                       





                     Although a final rejection has not been entered against the claims, we have jurisdiction under 351                                                                                                
             U.S.C. § 134(a) because the claims have been “twice rejected.”  See also 37 C.F.R § 1.191.                





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