Ex Parte ROETKEN et al - 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          not written for publication and is not binding precedent of the              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. 22              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                      __________                                       
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                      __________                                       
                    Ex parte RICHARD L. ROETKEN, WILLIAM J. ROY                        
          and NINEV KARL ZIA                                                           
                                      __________                                       
                                 Appeal No. 2001-1302                                  
                                Application 08/811,230                                 
                                     ___________                                       
                                       ON BRIEF                                        
                                     ___________                                       
          Before FRANKFORT, PATE, and STAAB, Administrative Patent Judges.             
          FRANKFORT, Administrative Patent Judge.                                      
                                  DECISION ON APPEAL                                   
          This is a decision on appeal from the examiner's final rejection             
          of claims 1 through 3, which are all of the claims pending in                
          this application.1                                                           

               1  This is the second time we have seen this application on             
          appeal. In our prior opinion in Appeal No. 1999-1768 (Paper No.              
          8, mailed March 30, 2000) we affirmed the examiner’s rejection of            
          claims 1 through 3, as they existed at that time, under 35 U.S.C.            
          § 103, although on a somewhat different basis than urged by the              
          examiner.                                                                    
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