Ex Parte Schwartz 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                              for publication and is not binding precedent of the Board.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 HERBERT E. SCHWARTZ, PRASANNA MALAVIYA,                                         
                                            and MARK J. PELO                                                  
                                                __________                                                    
                                             Appeal 2006-1953                                                 
                                           Application 10/195,347                                             
                                          Technology Center 3700                                              
                                                __________                                                    
                                           Decided: May 21, 2007                                              
                                                __________                                                    
                Before DONALD E. ADAMS, DEMETRA J. MILLS, and                                                 
                ERIC GRIMES, Administrative Patent Judges.                                                    
                GRIMES, Administrative Patent Judge.                                                          


                                         DECISION ON APPEAL                                                   
                      This is an appeal under 35 U.S.C.  134 involving claims to a device                    
                and method for repairing cartilage.  The Examiner has rejected the claims as                  
                anticipated or obvious.  We have jurisdiction under 35 U.S.C.  6(b).  We                     
                affirm in part.                                                                               







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