Ex parte LUBIN 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                          written for publication and is not binding precedent of the Board.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. 55                                                                                                                           
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                     Ex parte MICHAEL L. LUBIN, SETON P. KASMIR, KATHRYN A. KUBASAK,                                                                    
                      GREGORY A. HEIN, SURENDRA B. MANDAVA, CHANCHAI POONPOL, SHAHIN                                                                    
                                                   HEDAYAT, and DONALD W. BURTIS                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1999-2028                                                                         
                                                      Application No. 08/769,036                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before JERRY SMITH, FLEMING, and GROSS, Administrative Patent                                                                          
                 Judges.                                                                                                                                
                 GROSS, Administrative Patent Judge.                                                                                                    



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 67 through 69, 71, 73 through 82, 88                                                                               
                 through 93, and 95.  Claims 70 and 94 have been indicated as                                                                           
                 being allowable.1                                                                                                                      

                          1The examiner states under the heading "Status of Claims" that claims                                                         
                 83, 84, 86, and 87 are allowed, but then includes claims 83, 84, and 87 in the                                                         
                 statement and discussion of the rejection.  We assume from the prosecution                                                             
                 history that claims 83, 84, 86, and 87 contain allowable subject matter, that                                                          
                 claims 83, 84, and 87 were inadvertently included in the rejection, and that                                                           
                 none of claims 83, 84, 86, and 87 are before us on appeal.                                                                             






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