Ex Parte KISSINGER - Page 1




                       The opinion in support of the decision being                
                     entered today is not binding precedent of the board           
         Paper 17                                                                  
                     UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                   ____________                                    

                        BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                 
                                   ____________                                    
                           Ex parte GAYLORD M. KISSINGER                           
                                   ____________                                    
                                 Appeal 2001-0455                                  
                              Application 08/509,8911                              
                                   ____________                                    

         Before:  McKELVEY, Senior Administrative Patent Judge ,                   
         and SCHAFER and LEE, Administrative Patent Judges.                        
         McKELVEY, Senior Administrative Patent Judge .                            

                     Decision on appeal under 35 U.S.C. § 134                      
              The appeal is from a decision of a primary examiner                  
         rejecting claims 1-5.  We affirm, but make a recommendation               
         pursuant to 37 CFR § 1.196(c).                                            

              A.   Findings of fact                                                
              The record supports the following findings by at least a             
         preponderance of the evidence. 2                                          




         1   Application for patent filed 1 August 1995.  The real party in interest
         is General Electric Company, GE Plastics Division, of Pittsfield, MA (Paper 13,
         Appeal Brief, page 1).                                                    
         2   To the extent these findings of fact discuss legal issues, they may be
         treated as conclusions of law.                                            





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