Ex parte WAGNER - 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               not written for publication in a law journal and (2) is not binding    
               precedent of the Board.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. 16          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                                Ex parte ALAIN WAGNER                                 
                                     ____________                                     
                                Appeal No. 1999-0185                                  
                              Application No. 08/583,481                              
                                     ____________                                     
                               HEARD: February 9, 2000                                
                                     ____________                                     
          Before McCANDLISH, Senior Administrative Patent Judge, ABRAMS               
          and BAHR, Administrative Patent Judges.                                     
          McCANDLISH, Senior Administrative Patent Judge.                             



                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the examiner’s                    
          final rejection of claims 2 through 10.  No other claims are                
          pending in the application.                                                 
               Appellant’s invention relates to a method of placing a                 
          payload in a desired orbit (claims 2-5 and 10) and to a                     
          vehicle such as a launcher for the payload (claims 6-9).                    





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