Ex parte BENEDICT 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                                  for publication and is not binding precedent of the Board.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. 17                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                     Ex parte HAROLD W. BENEDICT, DIANA D. ZIMNY                                                                        
                                                           and DONNA W. BANGE                                                                           
                                                                 ____________                                                                           
                                                          Appeal No. 1998-2614                                                                          
                                                    Application No. 08/731,713                                                                          
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before PAK, WALTZ, and DELMENDO, Administrative Patent Judges.                                                                         
                 PAK, Administrative Patent Judge.                                                                                                      


                                                           DECISION ON APPEAL                                                                           
                          This is a decision on an appeal under 35 U.S.C. § 134                                                                         
                 from the examiner’s refusal to allow claims 34 through 50 and                                                                          
                 52 through 58, which are all of the claims pending in the                                                                              
                 above-identified application.                       1                                                                                  

                          1Appellants have not identified related Application                                                                           
                 08/733,706, Appeal No. 98-2546, in their Brief under the                                                                               
                 heading “RELATED APPEALS AND INTERFERENCES”.  In spite of the                                                                          
                 similarity between the inventions and issues involved in the                                                                           
                 present appeal and the appeal in related Application                                                                                   
                 08/733,706, appellants assert that “[t]here are no appeals or                                                                          
                 interferences known to Appellant’s Representatives which will                                                                          





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