Ex parte GAETKE - Page 1




                           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                                  for publication and is not binding precedent of the Board.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. 23            
                             UNITED STATES PATENT AND TRADEMARK OFFICE                                        
                                                 ____________                                                 
                                 BEFORE THE BOARD OF PATENT APPEALS                                           
                                            AND INTERFERENCES                                                 
                                                 ____________                                                 
                                         Ex parte HUBERT J. GAETKE                                            
                                                 ____________                                                 
                                             Appeal No. 2001-1453                                             
                                           Application No. 08/990,945                                         
                                                 ____________                                                 
                                            HEARD: October 9, 2001                                            
                                                 ____________                                                 
            Before CALVERT, ABRAMS, and BAHR, Administrative Patent Judges.                                   
            ABRAMS, Administrative Patent Judge.                                                              




                                            DECISION ON APPEAL                                                
                   This is a decision on appeal from the examiner's final rejection of claims 1, 2 and 6-     
            11.  The remaining claims have been withdrawn by the examiner as being directed to a              
            non-elected species of the invention (Paper No. 11).                                              


                   We REVERSE.                                                                                











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