Ex parte HORNEMANN 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          (2) is not binding precedent of the Board.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. 18              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                      Ex parte EVELIN HORNEMANN, MARTIN EBNER,                        
                                   and PETER KOLB                                     
                                    _____________                                     
                                Appeal No. 1999-1486                                  
                               Application 08/670,806                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before COHEN, ABRAMS, and PATE, Administrative Patent Judges.               
          COHEN, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   

               This is an appeal from the final rejection of claims 3,                
          7, 9, and 11 through 17, all of the claims remaining in the                 
          application.  However, on page 6 of the answer (Paper No. 17),              
          the examiner expressly withdrew the respective rejections of                
          claim 11 and claims 13, 16, and 17.  The examiner indicates                 

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