Ex Parte BIERL 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                     and is not binding precedent of the Board                      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. 20                
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     __________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                     __________                                     
                             Ex parte THOMAS W. BIERL,                              
                                 VINCENT A. DURANTE,                                
                               LAWRENCE H. FINKEL and                               
                                 DANIEL E. RESASCO                                  
                                     __________                                     
                                Appeal No. 1998-1157                                
                             Application No. 08/278,782                             
                                     __________                                     
                                      ON BRIEF                                      
                                     __________                                     
            Before PAK, WALTZ and PAWLIKOWSKI, Administrative Patent                
            Judges.                                                                 
            PAWLIKOWSKI, Administrative Patent Judge.                               
                                 DECISION ON APPEAL                                 
                 This is a decision on an appeal from the examiner’s                
            final rejection of claims 1-17.  Claims 22-24 have been                 
            cancelled.  We note that the examiner indicates that this               
            appeal involves claims 1-17.  The examiner also indicates               
            that the rejection of claims 18-21 has been withdrawn and               
            that claims 18-20 would be allowable.  Because the examiner             
            has also withdrawn the rejection of claim 21, we presume                
            that the examiner intends to indicate allowability of claim             
            21.  We therefore treat this claim the same as claims 18-20.            





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