Ex parte HEINZGERD SMOLKA, et al. - Page 1




                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                             
                The opinion in support of the decision being entered today                                                                    
                (1) was not written for publication in a law journal and                                                                      
                (2) is not binding precedent of the Board.                                                                                    
                                                                                                            Paper No. 34                      

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                                  __________                                                                  
                                             BEFORE THE BOARD OF PATENT APPEALS                                                               
                                                            AND INTERFERENCES                                                                 
                                                                  __________                                                                  
                                                   Ex parte HEINZ-GERD SMOLKA,                                                                
                                                    KLAUS LEHMANN, HANS HAWEL,                                                                
                                              DIETER SCHRAML AND KLAUS HORNFECK                                                               
                                                                  __________                                                                  
                                                           Appeal No. 96-3172                                                                 
                                                       Application 08/328,3351                                                                
                                                                  __________                                                                  
                                                                   ON BRIEF                                                                   
                                                                  __________                                                                  

                Before SOFOCLEOUS, CAROFF and DOWNEY, Administrative Patent Judges.                                                           
                SOFOCLEOUS, Administrative Patent Judge.                                                                                      

                                                           DECISION ON APPEAL                                                                 

                                 This is an appeal from the final rejection of claims                                                         
                9 to 12 and 14, all the claims remaining in the application.                                                                  


                                 1Application for patent filed October 24, 1994.                                                              
                According to applicants, this application is a continuation of                                                                
                Application 08/142,646, filed October 25, 1993, now abandoned;                                                                
                which is a continuation of Application 07/848,993, filed April                                                                
                20, 1992, now abandoned.                                                                                                      
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