Ex parte WERBITZKY 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               journal and (2) is not binding precedent of the                         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. 22           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                     ____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                     ____________                                      
                      Ex parte OLEG WERBITZKY and PHILIPP STUDER                       
                                     ____________                                      
                                 Appeal No. 1995-3054                                  
                             Application No. 08/059,3841                               
                                     ____________                                      
                                       ON BRIEF                                        
                                     ____________                                      
          Before DOWNEY, HANLON and LIEBERMAN, Administrative Patent                   
          Judges.                                                                      
          HANLON, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                   
          from the final rejection of claims 1-16, all of the claims                   
          pending in the application.  The claims on appeal are directed               
          to a process for producing 2-chloro-5-chloromethyl-pyridine.                 




               1    Application for patent filed May 11, 1993.                         





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