Ex Parte GUNDAY 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                   for publication and is not binding precedent of the Board.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. 33         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                      Ex parte ERHAN H. GUNDAY, MICHAEL DOLITON,                      
                              PAUL FOUNG and JOHN R. LEE                              
                                     ____________                                     
                                 Appeal No. 2000-2208                                 
                              Application No. 08/874,2871                             
                                     ____________                                     
                                       ON BRIEF2                                      
                                     ____________                                     
          Before THOMAS, LEVY, and SAADAT, Administrative Patent Judges.              
          SAADAT, Administrative Patent Judge.                                        

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the Examiner’s final                 
          rejection of claims 35-37, 42 and 44, which are all of the claims           
          pending in the present application.                                         
               We reverse.                                                            


               1  Application for patent filed June 13, 1997, which is a continuation 
          of Application No. 08/465,446, filed June 5, 1995, now abandoned, which is a
          divisional of Application No. 08/066,969, filed May 24, 1993, now U.S. Patent
          5,469,209, which is a divisional of Application No. 07/731,079, filed July 16,
          1991, now U.S. Patent 5,249,056.                                            
               2  The oral Hearing set for May 7, 2002 was waived by Appellants in a  
          communication, received by facsimile, on March 21, 2002.                    




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