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Ex Parte Jerg et al - Page 1



            The opinion in support of the decision being entered today is not binding precedent of the Board. 

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                             _______________                                                  
                             BEFORE THE BOARD OF PATENT APPEALS                                               
                                          AND INTERFERENCES                                                   
                                             _______________                                                  
              Ex parte HELMUT JERG, MICHAEL ROSENBAUER, and BERND SCHESSL                                     
                                             _______________                                                  
                                           Appeal No. 2007-0358                                               
                                           Application 10/873,477                                             
                                          Technology Center 1700                                              
                                             _______________                                                  
                                          Decided: March 12, 2007                                             
                                             _______________                                                  

            Before GRON, DELMENDO, and MEDLEY, Administrative Patent Judges.                                  
            DELMENDO, Administrative Patent Judge.                                                            
                                          DECISION ON APPEAL                                                  
            Statement of the Case                                                                             
                   Applicants have appealed from a final rejection of claims 1-11 of United                   
            States Patent Application 10/873,477 under 35 U.S.C.  134 (2006).1  We have                      
            jurisdiction under 35 U.S.C.  6(b).                                                              

                                                                                                             
                   1  Applicants and the examiner submit that claims 5 and 10 also stand finally              
            rejected but are “not appealed.”  (Amended Appeal Brief, filed June 5, 2006, at 5;                
            Examiner’s Answer mailed July 20, 2006 at 2.)  We note, however, that “[a]n                       



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