The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 1Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007