Ex Parte SMITH 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                                    for publication and is not binding precedent of the Board.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. 37                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                              AND INTERFERENCES                                                           
                                                    ___________                                                           
                                              Ex parte JERRY W. SMITH,                                                    
                                              NADINE M. SULLIVAN, and                                                     
                                                    RUTH F. EDEN                                                          
                                                     ___________                                                          
                                                Appeal No. 1996-0288                                                      
                                              Application No. 07/873,634                                                  
                                                      __________                                                          
                                                      ON BRIEF1                                                           
                                                      __________                                                          
              Before WILLIAM F. SMITH, MILLS, and GRIMES, Administrative Patent Judges.                                   
              WILLIAM F. SMITH, Administrative Patent Judge.                                                              
                                                DECISION ON APPEAL                                                        
                     This is a decision on appeal from an examiner's final rejection of claims 11                         
              through 13, 27, 29 through 34, 37 through 40, 46, and 47.  Claims 14 through 23 are                         
              pending but have been withdrawn from consideration by the examiner.  As set forth at                        
              page 1 of the Appeal Brief, claims 31, 37, 40, 46, and 47 are canceled.  Thus, claims                       
              11 through 13, 27, 29, 30, 32 through 34, 38, and 39 are before us for review.                              



                     1   Appellants requested an oral hearing in this appeal.  However, for reasons which will become     
              apparent, the merits panel has decided that a hearing is not needed.  See 37 CFR § 1.94(c).                 





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