Ex Parte JACH 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                                                     is not binding precedent of the Board.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. 18                 

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                             ____________                                                                 

                                         BEFORE THE BOARD OF PATENT APPEALS                                                               
                                                       AND INTERFERENCES                                                                  
                                                             ____________                                                                 

                                           Ex parte OLAF JACH and LOTHAR DIEHL                                                            
                                                             ____________                                                                 

                                                         Appeal No. 2002-1191                                                             
                                                      Application No. 09/101,175                                                          
                                                             ____________                                                                 

                                                                ON BRIEF                                                                  
                                                             ____________                                                                 

                Before WALTZ, JEFFREY T. SMITH and MOORE, Administrative Patent Judges.                                                   
                JEFFREY T. SMITH, Administrative Patent Judge.                                                                            


                                                       DECISION ON APPEAL                                                                 

                        Applicants appeal the decision of the Primary Examiner finally rejecting claims 21 to                             

                24, 27 to 35, 37 and 40 to 44.1, 2  We have jurisdiction under 35 U.S.C. § 134.                                           





                            1  In rendering our decision, we have considered Appellants’ arguments presented in the                       
                    Brief, filed May 30, 2001, and the Reply Brief, filed September 24, 2001.                                             
                            2  The Examiner has indicated that the subject matter of claims 38 and 39 is allowable;                       
                    however, these claims have been objected to as being dependent upon a rejected claim.  (Answer,                       
                    p. 1).                                                                                                                





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