Ex parte BONFILS et al. - Page 1





                              The opinion in support of the decision being entered today is not binding precedent of the Board.                                     


                                                                                                                                   Paper 21                         


                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                  

                                                                       ____________                                                                                 

                                                BEFORE THE BOARD OF PATENT APPEALS                                                                                  
                                                                 AND INTERFERENCES                                                                                  
                                                                       ____________                                                                                 

                                          Ex parte ARMELLE BONFILS and DANIEL PHILIBERT                                                                             
                                                                       ____________                                                                                 

                                                                 Appeal No. 2001-2138                                                                               
                                                                 Application 08/403,2761                                                                            
                                                                       ____________                                                                                 

                                                                         ON BRIEF2                                                                                  
                                                                       ____________                                                                                 

                   Before:  WILLIAM F. SMITH, Administrative Patent Judge, McKELVEY, Senior                                                                         
                   Administrative Patent Judge, and NAGUMO, Administrative Patent Judge.                                                                            

                   NAGUMO, Administrative Patent Judge.                                                                                                             


                                                  Decision on appeal under 35 U.S.C. § 134                                                                          



                            This appeal is from a decision of a primary examiner rejecting claims 1 through 5.                                                      

                   Claim 6 has been withdrawn from consideration.  We reverse.                                                                                      



                            1 Application for patent filed March 13, 1995.  Appellants claim priority under 35 U.S.C. § 119 to April 1,                             
                   1994, based on an application filed in France.  The real party in interest is Roussel Uclaf, of Paris, France.  (Brief,                          
                   Paper No. 18, at 1.)                                                                                                                             
                            2 Appellants, through counsel, requested an oral hearing.  (Paper No. 20, filed May 6, 1998.)  Our review                               
                   of the case revealed that a hearing was not necessary to assist us in the resolution of the issues on appeal.                                    






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