Ex parte HENGL - 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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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. 17                                       

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                                                    Ex parte PATRICK HENGL                                                                    
                                                              __________                                                                      
                                                        Appeal No. 97-4406                                                                    
                                                Application No. 08/436,2551                                                                   
                                                              __________                                                                      
                                                                ON BRIEF                                                                      
                                                              __________                                                                      

                Before McCANDLISH, Senior Administrative Patent Judge, ABRAMS and                                                             
                NASE, Administrative Patent Judges.                                                                                           
                ABRAMS, Administrative Patent Judge.                                                                                          

                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the decision of the examiner finally                                                          
                rejecting claims 1, 2, 14, 15 and 26.  Claims 5 and 16-25 have                                                                
                been withdrawn from consideration as being directed to a non-                                                                 
                elected species (Paper No. 7).  Claims 3, 4, 6-13 and 27-29 have                                                              


                         1Application for patent filed May 15, 1995.  According to                                                            
                appellant, this application is the national stage application of                                                              
                PCT/FR93/01107, filed November 13, 1993.                                                                                      
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