Ex parte NIESSNER 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          for publication in a law journal and (2) is not binding precedent of the Board.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. 39              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                         Ex parte MANFRED NIESSNER, NORBERT                           
                             GRUND, WILFRIED HEIDE DEX                                
                               and HEINRICH HARTMANN                                  
                                    _____________                                     
                                 Appeal No. 95-0757                                   
                               Application 07/795,3071                                
                                   ______________                                     
                              HEARD: December 10, 1997                                
                                   _______________                                    

          Before JOHN D. SMITH, PAK and WARREN, Administrative Patent                 
          Judges.                                                                     
          JOHN D. SMITH, Administrative Patent Judge.                                 

                                 DECISION ON APPEAL                                   
               This is an appeal from the examiner’s final rejection of               
          claims 3, 5, 6, and 8 through 10.                                           
               Claims 8 and 9 are representative and are reproduced below:            

                    8.  A process for the preparation of a finely divided             

               1 Application for patent filed November 21, 1991. According to applicants,
          the application is a continuation of Application 07/564,132, filed August 8,
          1990.                                                                       
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