The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 1Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007