The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 13
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte MARTIN BRAHM, EBERHARD ARNING
LUTZ SCHMALSTIEG, HARALD MERTES and JURGEN SCHWINDT
_____________
Appeal 1997-3039
Application 08/436,9391
______________
Before: McKELVEY, Senior Administrative Patent Judge, and
SCHAFER and LEE, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
MEMORANDUM OPINION and ORDER
Decision on appeal under 35 U.S.C. § 134
Upon consideration of the record, including the Appeal
Brief (Paper 9), the Examiner's Answer (Paper 10) and the
Reply Brief (Paper 11), it is
ORDERED that the examiner's rejection of claims 1-15
as being unpatentable under 35 U.S.C. § 103 over Slack and
Application for patent filed 8 May 1995. Applicants claim priority under1
35 U.S.C. § 119 of German application P 44 177 45.3, filed 20 May 1994. The real party
in interest is Bayer AG.
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