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for publication and is not binding precedent of the Board.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 MANFRED AUER and HUBERT GSTACH
__________
Appeal No. 2004-2079
Application No. 09/754,9581
__________
ON BRIEF
__________
Before ELLIS, ADAMS, and GRIMES, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 17-212, which are all the claims pending in the
application.
1 The instant application is a divisional of Application No. 09/217,795, now United States Patent
No. 6,207,831 (‘831). According to appellants (Brief, page 6), compounds of Formula I - the “C
portion” of the compounds of the claims now on appeal - were allowed in the ‘831 patent.
2 According to the examiner (Answer, page 2), the After Final amendment filed June 10, 2003
“places the case in better form for appeal … and thus has now been entered.” In this regard, we
note that appellants’ request (Brief, page 8), “that the new claims be entered,” was granted by the
examiner.
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