Ex parte MULLER 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               journal and (2) is not binding precedent of the Board.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. 19              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                    _____________                                      
                     Ex parte HARALD D. MULLER and YOSHINOBU UEBA                      
                                    _____________                                      
                                  Appeal No. 95-4716                                   
                               Application 08/124,2271                                 
                                    ______________                                     
                                       ON BRIEF                                        
                                   _______________                                     

          Before:  SCHAFER, Administrative Patent Judge, and                           
          McKELVEY, Senior Administrative Patent Judge, and                            
          WALTZ, Administrative Patent Judge.                                          
          McKELVEY, Senior Administrative Patent Judge.                                
                       Decision on appeal under 35 U.S.C. § 134                        
               The appeal is from a decision of the Primary Examiner                   
          rejecting claims 11-24 as being unpatentable under 35 U.S.C.                 
          § 103 over Engler I (U.S. Patent 4,111,857) "in view of" Engler              
          III (U.S. Patent 4,089,857), Inokuchi (European Patent                       
          Application 0 204 419 published December 10, 1986) and Gemmell               
          ("A Straightforward Approach to the Synthesis of Unsymmetrical               



             1     Application for patent filed September 21, 1993.  Appellants claim 
          priority based on Japanese application 4-262348 filed September 30, 1992.    





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