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Ex Parte BEUTHER et al - Page 1

Legal Research Home > Board of Patent Appeals and Interferences > 2003 > Ex Parte BEUTHER 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          not written for publication and is not binding precedent of the             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. 33                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte PAUL D. BEUTHER,                                
                                  RICHARD J. KAMPS                                    
                               and KURT W. OSTERMEIER                                 
                                     __________                                       
                                Appeal No. 2003-1818                                  
                               Application 09/223,602                                 
                                     ___________                                      
                               HEARD: December 9, 2003                                
                                     ___________                                      
          Before COHEN, STAAB, and MCQUADE, Administrative Patent Judges.             
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Paul D. Beuther et al. originally took this appeal from the            
          final rejection (Paper No. 11) of claims 8 and 10 through 13, all           
          of the claims pending in the application.  Upon consideration of            
          the appellants main brief (Paper No. 18), the examiner issued an            
          Office action (Paper No. 19) reopening prosecution and entering             
          superseding rejections of all of the claims.  Pursuant to 37 CFR            
          § 1.193(b)(2)(ii), the appellants then filed a supplemental brief           
          (Paper No. 21) and requested that the appeal be reinstated.                 
          Implicitly granting the request, the examiner entered an answer             






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