Ex Parte SPINA - 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           not written for publication and is not binding precedent of the                          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 N. SPINA                                         
                                            __________                                              
                                      Appeal No. 2003-0059                                          
                                     Application 09/238,553                                         
                                           ___________                                              
                                             ON BRIEF                                               
                                           ___________                                              
           Before GARRIS, OWENS and TIMM, Administrative Patent Judges.                             
           OWENS, Administrative Patent Judge.                                                      

                                       DECISION ON APPEAL                                           
                 This appeal is from the final rejection of claims 1-12.                            
           Claim 13, which is the only other claim in the application,                              
           stands withdrawn from consideration by the examiner as being                             
           directed toward a nonelected invention.                                                  
                                          THE INVENTION                                             
                 The appellant’s claimed invention relates to “a label                              
           assembly having multiple layers, one such layer susceptible to                           
           receiving printed information by direct thermal transfer, that                           

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