Ex parte BEIER et al. - Page 1




                                         THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                                      
                              The opinion in support of the decision being entered                                                                                         
                              today (1) was not written for publication in a law                                                                                           
                              journal and (2) is not binding precedent of the Board.                                                                                       
                                                                                          Paper No. 23                                                                     

                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                     ________________                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                                     ________________                                                                                      
                                            Ex parte ALFRED BEIER, DIETRICH DISTLER,                                                                                       
                                                  HELMUT WITTKE, CHRISTIAN NESSELRATH                                                                                      
                                                                     ________________                                                                                      
                                                                   Appeal No. 97-2605                                                                                      
                                                              Application 08/272,7821                                                                                      
                                                                     ________________                                                                                      
                                                                  HEARD: JUNE 9, 1998                                                                                      
                                                                     ________________                                                                                      
                    Before STAAB, McQUADE and CRAWFORD, Administrative Patent Judges.                                                                                      
                    McQUADE, Administrative Patent Judge.                                                                                                                  


                                                                   DECISION ON APPEAL                                                                                      
                              This appeal is from the final rejection of claims 5, 8 and                                                                                   
                    9.  Claim 10, which has been indicated as reciting allowable                                                                                           
                    subject matter, presumably stands objected to as depending from a                                                                                      
                    rejected base claim.  Claims 6 and 7, the only other claims                                                                                            


                              1Application for patent filed July 8, 1994.                                                                                                  
                                                                                   -1-                                                                                     





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