Ex parte AYERS 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                   publication and is not binding precedent of the Board.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. 18            

                   UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                  _____________                                  
                       BEFORE THE BOARD OF PATENT APPEALS                        
                               AND INTERFERENCES                                 
                                  _____________                                  
                   Ex parte JACK AYERS and KHERSHED P. COOPER                    
                              Appeal No. 2000-0892                               
                             Application 08/673,762                              
                                 ______________                                  
                                    ON BRIEF                                     
                                 _______________                                 

         Before GARRIS, DELMENDO, and PAWLIKOWSKI, Administrative                
         Patent Judges.                                                          
         PAWLIKOWSKI, Administrative Patent Judge.                               

                               DECISION ON APPEAL                                

              This is a decision on appeal from the examiner’s refusal           
         to allow claims 1 through 13 and 31 through 36.  Claims 14              
         through 30 are withdrawn from further consideration as being            
         drawn to non elected claims.                                            
              Claim 1 is representative of the subject matter on appeal          
         and is set forth below:                                                 
                   1.  A rapidly spinning cup molten metal atomizer              
              capable of continuous operation comprising:                        
                   cup means having an inner wall designed to                    
              permit rapid spinning of said cup and said inner                   
              wall having an upper lip with no upper lid;                        







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