Ex parte BORGER 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                         journal and (2) is not binding precedent of the Board.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. 37                          

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                         ________________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                         ________________                                                                     
                                    Ex parte MANFRED BORGER and HEINER EMONTS                                                                 
                                                         ________________                                                                     
                                                        Appeal No. 95-3096                                                                    
                                                    Application 08/139,0721                                                                   
                                                         ________________                                                                     
                                                 HEARD:  September 16, 1997                                                                   
                                                         ________________                                                                     
                Before CALVERT, COHEN and NASE, Administrative Patent Judges.                                                                 
                CALVERT, Administrative Patent Judge.                                                                                         

                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the final rejection of claims 1, 4                                                            
                and 5.  The examiner has indicated that claims 2 and 6, the other                                                             
                claims remaining in the application, would be allowable if                                                                    
                rewritten in independent form.                                                                                                
                         Claim 5 is representative of the subject matter involved:                                                            

                         1Application for patent filed October 21, 1993.  According                                                           
                to appellants, this application is a continuation of Application                                                              
                07/959,539, filed October 13, 1992, now abandoned; which is a                                                                 
                continuation of Application 07/758,123, filed September 12, 1991,                                                             
                now abandoned.                                                                                                                
                                                                    -1-                                                                       




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