Ex parte DACOSTA et al. - Page 1




                          THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                 
          The opinion in support of the decision entered today (1) was not written for publication
          in a law journal and (2) is not binding precedent of the Board.              
                                                                   Paper No. 16        
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                  __________________                                   
                         BEFORE THE BOARD OF PATENT APPEALS                            
                                  AND INTERFERENCES                                    
                                  __________________                                   
                    Ex parte VICTOR M. DACOSTA, and ALAN G. LEWIS                      
                                  __________________                                   
                                 Appeal No. 1998-3044                                  
                               Application 08/458,5391                                 
                                   ________________                                    
                                       ON BRIEF                                        
                                   ________________                                    
          Before SCHAFER, Senior Administrative Patent Judge, and LEE                  
          and MEDLEY, Administrative Patent Judges.                                    
          LEE, Administrative Patent Judge.                                            
                                  DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from                 
          the examiner’s rejection of appellants’ claims 1-12.  No claim               
          has been allowed.  The real party in interest is Xerox                       
          Corporation.                                                                 
                         References relied on by the Examiner                          
          Hatada et al. (Hatada)        4,766,426            Aug. 23, 1988             
          Duwaer                        4,922,240            May  01, 1990             
          Fukuda                        5,162,786            Nov. 10, 1992             
          Ishimaru                      5,532,718            July 02, 1996             


               1                                                                       
                    Application for patent filed June 02, 1995.                        





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