Ex Parte JOHNSON - 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            written for publication and is not binding precedent of the Board.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 LONNIE G. JOHNSON                               
                                    _____________                                     
                                Appeal No. 2000-1327                                  
                             Application No. 08/402,624                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before COHEN, ABRAMS, and STAAB, Administrative Patent Judges.              
          STAAB, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               Lonnie G. Johnson appeals from the examiner’s final                    
          rejection of claims 1-18, all the claims pending in the                     
          application.                                                                
               By way of background, this is the second appeal taken by               
          appellant from the examiner’s final rejection of the above                  
          claims.  In Appeal No. 97-0277, this merits panel of the Board              
          affirmed the examiner’s rejection of claims 1-18 under 35 U.S.C.            
          § 103, and pursuant to 37 CFR § 1.196(b) entered a new ground of            





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