Ex Parte KRAUS - Page 1



                 The opinion in support of the decision being entered                   
                     today is not binding precedent of the Board.                       
          Paper No. 50                                                                  

                      UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                    _______________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                            
                                   AND INTERFERENCES                                    
                                    _______________                                     
                               Ex parte WILLIBALD KRAUS                                 
                                    _______________                                     
                                   Appeal 2005-0841                                     
                                Application 08/230,0831                                 
                                Technology Center 2600                                  
                                    _______________                                     
                             ORAL HEARING:  April 7, 2005                               
                                    _______________                                     
          Before:  FLEMING, Chief Administrative Patent Judge, and GARRIS,              
          McQUADE, JERRY SMITH, NASE, RUGGIERO, GROSS, DELMENDO, FRANKLIN,              
          MacDONALD and NAPPI, Administrative Patent Judges.2                           
          PER CURIAM                                                                    
                       DECISION ON APPEAL UNDER 35 U.S.C. § 134                         
               The examiner has rejected claims 14 and 16 of the reissue                
          application on appeal as being unpatentable under 35 U.S.C. 251               
          based on recapture.  With respect to claim 14, a 6 to 5 majority              


          1   Application filed April 20, 1994, seeking to reissue U.S. Patent          
          5,105,731, issued April 21, 1992, based on application 07/642,475, filed      
          January 17, 1991.  The real party in interest is TRW Automotive Electronics & 
          Components Km/h and Co., KG, previously known as TRW United-Carr GmbH and Co.,
          KG. Appeal Brief (second submission filed October 4, 2000), page 1.           
          2   The appeal was originally heard by Administrative Patent Judges McQuade,  
          Nase and Delmendo.  Subsequent to oral argument, the panel was expanded to    
          include Chief Administrative Patent Judge Fleming and Administrative Patent   
          Judges Garris, Jerry Smith, Ruggiero, Gross, Franklin, MacDonald and Nappi.   
          Applicant was offered, but declined, an opportunity for additional oral argument.




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