Ex parte KUSTER et al. - Page 1




                       The opinion in support of the decision being entered today was not written                                                       
                       for publication in a law journal and is not binding precedent of the Board.                                                      

                                                                                                                    Paper No. 21                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                          Ex parte KASPAR KUSTER and ANTON RUEGGE                                                                       
                                                                   ____________                                                                         
                                                           Appeal No. 1997-0091                                                                         
                                                      Application No. 08/115,530                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before CALVERT, ABRAMS, and NASE, Administrative Patent Judges.                                                                        
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 2, 4, 5, 9 and 14-17.   Claims 6, 7 and               1                                                            
                 10-13 have been objected to as depending from a non-allowed                                                                            
                 claim.  Claims 1, 3 and 8 have been canceled.                                                                                          


                          We REVERSE.                                                                                                                   


                          1Claim 17 was amended subsequent to the final rejection.                                                                      





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