Ex parte BERECK 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                          written for publication in a law journal and (2) is not binding precedent of the                                              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. 31                        
                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                  ____________                                                                          
                                            BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                           AND INTERFERENCES                                                                            
                                                                  ____________                                                                          
                            Ex parte ATTILA BERECK, KLAUS FLORY AND MATTHIAS KUMMER                                                                     
                                                                  ____________                                                                          
                                                              Appeal No. 95-1506                                                                        
                                                         Application No. 07/504,8811                                                                    
                                                                  ____________                                                                          
                                                          HEARD: October 14, 1998                                                                       
                                                                  ____________                                                                          
                 Before SOFOCLEOUS, GARRIS, and WEIFFENBACH, Administrative Patent Judges.                                                              
                 SOFOCLEOUS, Administrative Patent Judge.                                                                                               
                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection of claims 10 to 18.  Claim 9 stands                                                
                 withdrawn from consideration as being directed to a non-elected invention.  Subsequent to                                              
                 the final rejection, the examiner entered appellants’ amendments (Paper Nos. 15 and 19),                                               
                 which substituted claim 19 for claim 10.  Thus, claims 11 to 19 are all the claims before us                                           
                 on this appeal.                                                                                                                        


                          1Application for patent filed April 5, 1990.                                                                                  





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