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                         journal and (2) is not binding precedent of the Board.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.                                                                                                                

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