Ex Parte SCHWELLINGER - 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                                                           is not binding precedent of the Board.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. 20                   
                                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                     ____________                                                                         
                                                BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                              AND INTERFERENCES                                                                           
                                                                     ____________                                                                         
                                                          Ex parte PIUS SCHWELLINGER                                                                      
                                                                     ____________                                                                         
                                                                Appeal No. 2002-2189                                                                      
                                                             Application No. 09/194,294                                                                   
                                                                     ____________                                                                         
                                                                        ON BRIEF                                                                          
                                                                     ____________                                                                         
                  Before LIEBERMAN, TIMM, and POTEATE, Administrative Patent Judges.                                                                      
                  TIMM, Administrative Patent Judge.                                                                                                      



                                                              DECISION ON APPEAL                                                                          
                           Appellant appeals the final rejection of claims 16-33 which are all the claims pending in                                      
                  the application.  Subsequent to the final rejection, the Examiner withdrew a non-statutory double                                       
                  patenting rejection (Answer at p. 2) and, additionally, withdrew a number of prior art references                                       
                  from a rejection over prior art (Answer at p. 4).  Therefore, our review is limited to the two                                          
                  remaining grounds of rejection:                                                                                                         











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