Ex Parte Albers 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                                   for publication and is not binding precedent of the Board.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. 21                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                              BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                            Ex parte REINHARD ALBERS,                                                    
                                                  RALF DUJARDIN,                                                         
                                                 HEINZ PUDLEINER,                                                        
                                                  JOACHIM SIMON,                                                         
                                                  GUNTHER EBERZ,                                                         
                                              WOLFGANG KREISS, and                                                       
                                        CHRISTINA KRASEMANN-SHARMA                                                       
                                                     __________                                                          
                                                Appeal No. 2003-0839                                                     
                                              Application No. 09/646,339                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before WILLIAM F. SMITH, ADAMS, and GRIMES, Administrative Patent                                       
                 Judges.                                                                                                 
                 GRIMES, Administrative Patent Judge.                                                                    

                                               DECISION ON APPEAL                                                        
                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                           
                 final rejection of claims 1, 3, 4, and 8.  Claim 2 is also pending, but Appellants                      
                 have not appealed the rejection of claim 2.  See the Appeal Brief, page 2.                              










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