Ex parte DEFRANK et al. - Page 1




                 The opinion in support of the decision being entered today           
                  (1) was not written for publication in a law journal and            
                        (2) is not binding precedent of the Board.                    
                                                            Paper No. 64              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                  Ex parte MICHAEL P. DEFRANK and ROBERT J. ROSATI                    
                                    _____________                                     
                                Appeal No. 1998-2823                                  
                             Application No. 08/458,010                               
                                   ______________                                     
                              HEARD: December 05, 2000                                
                                   _______________                                    

          Before CALVERT, FRANKFORT, and GONZALES, Administrative Patent              
          Judges                                                                      
          GONZALES, Administrative Patent Judge.                                      


                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                 
          rejection of claims 8, 9, 15, 17, 18, 20 through 22, 26, 27                 
          and 32 through 51.  Claims 1 through 7, 10 through 14, 16, 19,              
          23 through 25 and 28 through 31 have been canceled.  In the                 
          advisory action mailed March 25, 1997 (Paper No. 40), the                   
          examiner has                                                                

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