Ex parte ORLOWSKI 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             written for publication and is not binding precedent of the Board                                        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. 29                       

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                        
                                  BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                       
                                                    __________                                                        
                                          Ex parte MARIUS ORLOWSKI,                                                   
                                      KUO-TUNG CHANG, KEITH E. WITEK                                                  
                                                  and JON FITCH                                                       
                                                    __________                                                        
                                               Appeal No. 1999-1637                                                   
                                               Application 08/417,537                                                 
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
             Before THOMAS, LALL, and GROSS, Administrative Patent Judges.                                            
             THOMAS, Administrative Patent Judge.                                                                     


                                              DECISION ON APPEAL                                                      
                    Appellants have appealed to the Board under 35 U.S.C. §134 from the examiner’s                    
             non-final rejection in Paper No. 21 dated September 16, 1998.  The appeal is proper                      
             since the claims have been twice rejected within this statutory provision.  Of the pending               
             claims 1-46 in the application, the examiner has allowed claims 9-17, 21-29 and 44-46                    



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