Ex parte MARGUCCI - 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                                     publication and is not binding precedent of the Board                                       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. 17                      
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                        ____________                                                             
                                       BEFORE THE BOARD OF PATENT APPEALS                                                        
                                                   AND INTERFERENCES                                                             
                                                        _____________                                                            
                                                Ex parte MIKE A. MARGUCCI                                                        
                                                        _____________                                                            
                                                    Appeal No. 1999-0660                                                         
                                                  Application No. 08/312,406                                                     
                                                        _____________                                                            
                                                          ON BRIEF                                                               
                                                        _____________                                                            
                  Before MCCANDLISH, Senior Administrative Patent Judge, COHEN and MCQUADE,                                      
                  Administrative Patent Judges.                                                                                  
                                                                                                                                
                  MCCANDLISH, Senior Administrative Patent Judge.                                                                

                                                   DECISION ON APPEAL                                                            
                                                             AND                                                                 
                                             ORDER UNDER 37 CFR § 1.196(d)                                                       
                          This is a decision on an appeal from the examiner’s final rejection of claims 1                        
                  through 10.1  No other claims are pending in the application.  An Order under 37 CFR                           
                  § 1.196(d) is presented at the end of this decision following our new ground of rejection                      
                  under 37 CFR § 1.196(b).                                                                                       





                                                                                                                                 
                  1 Claim 1 was amended subsequent the final rejection (Paper No. 7 mailed July 9, 1996) to overcome a           
                  rejection under the first paragraph of 35 U.S.C. § 112.                                                        





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