Ex Parte Eckert 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                      written for publication and is not binding precedent of the Board.                                          



                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                       ____________                                                               
                                      BEFORE THE BOARD OF PATENT APPEALS                                                          
                                                   AND INTERFERENCES                                                              
                                                       ____________                                                               
                                   Ex parte MARKUS ECKERT, GUIDO GIFFELS,                                                         
                                  HANS-CHRISTIAN MILITZER and THOMAS PRINZ                                                        
                                                       ____________                                                               
                                                 Appeal No. 2006-0767                                                             
                                             Application No. 09/962,258                                                           
                                                       ____________                                                               
                                                          ON BRIEF                                                                
                                                       ____________                                                               
               Before KIMLIN, WALTZ, and TIMM, Administrative Patent Judges.                                                      
               WALTZ, Administrative Patent Judge.                                                                                



               DECISION ON APPEAL                                                                                                 
                      This is a decision on an appeal from the primary examiner’s refusal to allow                                
               claims 1 through 3 and 19 through 22 as amended subsequent to the final rejection (see                             
               the amendment dated Aug. 9, 2004, entered as per the Advisory Action dated Aug. 24,                                
               2004; Brief, page 2).  Claims 1-3 and 19-22 are the only claims pending in this                                    
               application.  We have jurisdiction pursuant to 35 U.S.C. § 134.                                                    




                      According to appellants, the invention is directed to a process for preparing aryl                          






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