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not binding precedent of the Board.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. 18
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte WOLFGANG HERR,
RALF SIGLING and
HORST SPIELMANN
_____________
Appeal No. 97-3199
Application 08/273,7671
______________
ON BRIEF2
_______________
Before COHEN, FRANKFORT and MCQUADE, Administrative Patent
1Application for patent filed July 12, 1994.
2Upon initial study of this case during on brief review,
a request for oral hearing was discovered appended to the last
page of an appendix to the reply brief (Paper No. 16). At the
request of this panel of the board, Program and Resource
Administrator Craig Feinberg telephoned appellants’
representative Mr. Werner H. Stemer on September 10, 1998 to
inquire as to whether a date for an oral hearing should be
set, or whether the case could be decided on brief. Mr.
Feinberg has informed us that Mr. Stemer authorized a decision
on brief. As a concluding point, we make reference to 37 CFR §
1.194(a) which specifies that an appeal decided without an
oral hearing receives the same consideration by the Board of
Patent Appeals and Interferences as appeals decided after an
oral hearing.
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