Ex parte PETTINGELL 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                     publication and is not binding precedent of the Board.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. 25         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                   Ex parte JAMES T. PETTINGELL and JAMES T. SNYDER                   
                                     ____________                                     
                                 Appeal No. 1999-0832                                 
                              Application No. 08/147,793                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before RUGGIERO, DIXON, and LEVY, Administrative Patent Judges.             
          LEVY, Administrative Patent Judge.                                          


                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from                
          the examiner’s final rejection of claims 1-7, which are all of              
          the claims pending in this application.                                     


                                     BACKGROUND                                       
               Appellants' invention relates to a variable dark-field                 
          illumination system for micro and macro optical imagers.  An                








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