Ex Parte LEVINE 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                     publication and is not binding precedent of the Board.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. 29         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                   Ex parte JAMES L. LEVINE and MICHAEL A. SCHAPPERT                  
                                     ____________                                     
                                 Appeal No. 1998-0936                                 
                              Application No. 08/369,011                              
                                     ____________                                     
                                       ON BRIEF1                                      
                                     ____________                                     
          Before GROSS, LEVY, and SAADAT, Administrative Patent Judges.               
          LEVY, Administrative Patent Judge.                                          


                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner's final rejection2 of claims 1-8 and 12-18.  Claims 9-11           
          have been allowed.                                                          



               1 The Oral Hearing scheduled for November 21, 2002 has been waived by  
          appellants in a communication received, via facsimile transmission, on October
          16, 2002.                                                                   
               2 The amendment (Paper No. 9, filed June 24, 1996) submitted subsequent
          to the final rejection (Paper No. 8, mailed April 24, 1996) has been denied 
          entry by the examiner (Paper No. 10, mailed July 9, 1996).  The amendment   
          submitted concurrently with the brief (Paper No. 13½, filed September 10,   
          1996) has been entered by the examiner.                                     
                                          1                                           





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