Ex parte FENGLER - 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              publication in a law journal and (2) is not binding precedent of the Board.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. 9                        

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                        
                                                    __________                                                         
                                        Ex parte WOLFRAM F. O. FENGLER                                                 
                                                    __________                                                         
                                                 Appeal No. 97-3981                                                    
                                              Application 08/506,4231                                                  
                                                    ___________                                                        
                                                      ON BRIEF                                                         
                                                    ___________                                                        
              Before STONER, Chief Administrative Patent Judge, McQUADE and CRAWFORD,                                  
              Administrative Patent Judges.                                                                            
              McQUADE, Administrative Patent Judge.                                                                    

                                              DECISION ON APPEAL                                                       
                     Wolfram F. O. Fengler appeals from the final rejection of claims 1 through 10, all of             
              the claims pending in the application.                                                                   
                     The invention relates to a massage apparatus.  Claim 1 is illustrative and reads as               



                     1Application for patent filed July 24, 1995.                                                      
                                                          1                                                            





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