Ex Parte BIEBERSTEIN - 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               and is not binding precedent of the Board.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. 25              

                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                                                                     

                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     

                             Ex parte LEE K. BIEBERSTEIN                              
                                                                                     
                                Appeal No. 2001-2115                                  
                           Reissue Application 08/433,986 1                           
                                                                                     
                               HEARD:  January 9, 2002                                
                                                                                     
          Before JERRY SMITH, BARRETT, and FLEMING, Administrative Patent             
          Judges.                                                                     
          BARRETT, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          final rejection of claims 1-26.                                             
               We reverse.                                                            

          1  Application for reissue filed May 4, 1995, entitled                      
          "Miniature Flashlight," which is a continuation of reissue                  
          Application 07/498,824, filed March 22, 1990, now abandoned, for            
          the reissue of U.S. Patent 4,733,337, issued March 22, 1988.                
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