Ex Parte Zagler - 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                        not written for publication and is not binding precedent of the Board                         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. 22                       

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                  _____________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                       
                                                  _____________                                                       
                                            Ex parte WERNER ZAGLER                                                    
                                                  ______________                                                      
                                               Appeal No. 2004-1328                                                   
                                              Application  09/803,360                                                 
                                                  ______________                                                      
                                                     ON BRIEF1                                                        
                                                 _______________                                                      
             Before THOMAS, BARRY, and SAADAT, Administrative Patent Judges.                                          
             THOMAS, Administrative Patent Judge.                                                                     


                                              DECISION ON APPEAL                                                      
                    Appellant has appealed to the Board from the examiner’s final rejection of claims                 
             1-9.  Representative claim 1 is reproduced below:                                                        




                                                                                                                      
             1 The requested oral hearing set for January 11, 2005, was waived by a telephone call                    
             from appellant’s representative to a Board Administrator during the time set for the                     
             hearing.                                                                                                 







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