Ex parte BRAHM et al. - Page 1




                                              THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                                             
                                The opinion in support of the decision being entered today was not written for publication and is not                                                  
                                binding precedent of the Board.                                                                                                                        
                                                                                                                                              Paper No. 25                             

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                                ____________                                                                                           

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                        AND INTERFERENCES                                                                                              
                                                                                ____________                                                                                           

                                                  Ex parte MARTIN BRAHM, GERHARD RUTTMANN                                                                                              
                                                                     AND LUTZ SCHMALSTIEG                                                                                              
                                                                                 ___________                                                                                           

                                                                           Appeal No. 2000-1147                                                                                        
                                                                      Application No. 08/706,5511                                                                                      
                                                                                ____________                                                                                           

                                                                                   ON BRIEF                                                                                            
                                                                                ____________                                                                                           

                     Before:  McKELVEY, Senior Administrative Patent Judge, and SCHAFER and TIERNEY,                                                                                   
                     Administrative Patent Judges.                                                                                                                                     

                     TIERNEY, Administrative Patent Judge.                                                                                                                             

                                                                             Decision on Appeal                                                                                        

                                This is an appeal under 35 U.S.C. §134 from the examiner’s refusal to allow                                                                            

                     claims 10-20.  We reverse the examiner’s rejection of record.                                                                                                     




                                1Application for patent filed on September 6, 1996.  This application claims benefit under 35                                                          
                     USC §119 of DE Application 19534162.7, filed September 15, 1995.  The real party in interest is                                                                   
                     Bayer AG.                                                                                                                                                         
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