Ex parte SPIES 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                 publication in a law journal and (2) is not binding precedent of the Board.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. 34                             
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                   __________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                   __________                                                                           
                                            Ex parte HANS SPIES and HORST DAXER                                                                         
                                                                   __________                                                                           
                                                           Appeal No. 96-3158                                                                           
                                                       Application 08/065,8571                                                                          
                                                                  ___________                                                                           
                                                           HEARD: June 8, 1999                                                                          
                                                                  ___________                                                                           

                 Before ABRAMS, FRANKFORT and PATE, Administrative Patent                                                                               
                 Judges.                                                                                                                                
                 FRANKFORT, Administrative Patent Judge.                                                                                                

                                                           DECISION ON APPEAL                                                                           


                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 through 13.  Subsequent to the Notice of                                                                         
                 Appeal (Paper No. 17), an amendment (Paper No. 21, filed                                                                               




                          1    Application for patent filed May 21, 1993.  According to appellants, the                                                 
                 application is a continuation-in-part of Application 07/747,126, filed                                                                 
                 August 19, 1991, now abandoned.                                                                                                        
                                                                           1                                                                            




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