Ex parte AGEHEIM 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        written for publication and is not binding precedent of the Board.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. 27          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                                Ex parte JAN AGEHEIM                                
                                        and                                         
                                 THOMAS ANDERSSON                                   
                                    __________                                      
                                Appeal No. 1998-2732                                
                             Application No. 08/244,163                             
                                    ___________                                     
                                     ON BRIEF                                       
                                    ___________                                     

         Before OWENS, LIEBERMAN, and DELMENDO, Administrative Patent               
         Judges.                                                                    
         DELMENDO, 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 1 through 3, 5, 7, 9                
         through 13, and 15.1  Claim 8, which is the only other pending             

                                                                                   
              1  In response to the final Office action mailed August 14,           
         1996 (paper 13), the appellants submitted an amendment under 37            
         CFR § 1.116 (1981) proposing a change to claim 1.  The examiner            
         indicated in the advisory action of March 11, 1997 (paper 17)              
         that the amendment will be entered upon the filing of a notice             
         of appeal and an appeal brief.  Notwithstanding the examiner’s             





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