Ex parte LUDWIG et al. - Page 1




                        The opinion in support of the decision being entered today was not written for publication         
                                                and is not precedent of the Board.                                         
                                                                                                 Paper No. 62              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                      ____________                                                         
                                     BEFORE THE BOARD OF PATENT APPEALS                                                    
                                                 AND INTERFERENCES                                                         
                                                      ____________                                                         
                              Ex parte WOLFGANG LUDWIG, KARL-HEINZ SCHLEIFER,                                              
                                     CHRISTOPH KESSLER, RUEDIGER RUEGER                                                    
                                                    and ANNE STERN                                                         
                                                      ____________                                                         
                                                  Appeal No. 1997-0160                                                     
                                                Application No. 08/073,9851                                                
                                                      ____________                                                         
                                                         ON BRIEF                                                          
                                                      ____________                                                         
              Before WINTERS , WILLIAM F. SMITH, and SPIEGEL, Administrative Patent Judges.                                
              SPIEGEL, Administrative Patent Judge.                                                                        


                                                 DECISION ON APPEAL                                                        
                     This is a decision on appeal under 35 U.S.C.  134 from the examiner finally                          
              rejecting claims 2, 4, 6 through 12 and 14 through 24 and refusing to allow claims 5 and 13                  
                                                               2                                                           
              as amended subsequent to the final rejection,  which are all of the claims pending in this                   
              application.  Claim 1 is illustrative and reads as follows:                                                  


                     1Application for patent filed June 8, 1993.  According to appellants, this application is a           
              continuation of application 07/772,026 filed October 8, 1991, now abandoned.                                 
                     2The amendments filed December 14, 1995 (Paper No. 42) and March 22, 1996 (Paper No. 49)              
              amending claims 5 and 13 were entered by the examiner in the advisory actions mailed April 26, 1996          
              (Paper No. 43) and May 6, 1996 (Paper No. 51).                                                               





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