Ex parte BUYSCH 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              publication in a law journal and (2) is not binding precedent of the Board.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. 13                               

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                     __________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                   
                                               AND INTERFERENCES                                                        
                                                     __________                                                         
                               Ex parte HANS-JOSEF BUYSCH, NORBERT SCHON                                                
                                             and GUNTHER JEROMIN                                                        
                                                     __________                                                         
                                                Appeal No. 1996-2340                                                    
                                                Application 08/108,854                                                  
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before WILLIAM F. SMITH, GRON and ELLIS, Administrative Patent Judges.                                    
              ELLIS, Administrative Patent Judge.                                                                       

                                               DECISION ON APPEAL                                                       

                     This is an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of                     
              claims 1 through 32, all the claims in the application.                                                   
                     As a preliminary matter we note the appellants’ statement on p. 3 of the Brief that                
              the claims do not stand or fall together.  37 CFR § 1.192(c)(7).  According to the                        
              appellants, claims 23 through 32 (hereinafter, Group II) contain limitations which render                 







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