Ex parte EISENHARDT 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                                         is not binding precedent of the Board.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. 28              
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                     ____________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                  
                                                AND INTERFERENCES                                                       
                                                     ____________                                                       
                             Ex parte PETER F. EISENHARDT and LEONARD P. SMITH                                          
                                                     ____________                                                       
                                                 Appeal No. 1999-1229                                                   
                                               Application No. 08/543,975                                               
                                                     ____________                                                       
                                                   ON BRIEF                                                             
                                                     ____________                                                       
              Before WILLIAM F. SMITH, ELLIS and MILLS, Administrative Patent Judges.                                   
              ELLIS, Administrative Patent Judge.                                                                       




                                               DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C. § 134 of the examiner’s final rejection of claims                
              1, 3-7, 16 and 18-30, all the claims remaining in the application.  Claims 2, 8-15, 17 and                
              31-46 have been canceled.                                                                                 
                     As a preliminary matter, we note that this appeal is related to Appeal No. 1999-                   
              1216 of Application No. 08/421,825.  Thus, concurrent with the present decision, this                     
              merits panel is also rendering a decision in Appeal No. 1999-1216.  However, we are not                   


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