Ex parte HERT 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          not binding precedent of the Board.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. 21              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                       Ex parte MARIUS HERT and PATRICE PERRET                        
                                Appeal No. 1997-1299                                  
                                Application 08/393,746                                
                                HEARD: March 23, 2000                                 

          Before KIMLIN, JOHN D. SMITH and OWENS, Administrative Patent               
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This is an appeal from the examiner’s refusal to allow                 
          claims 2, 3 and 9-13 as amended after final rejection.  Claims              
          4-7 stand objected to as being dependent from a rejected                    
          claim.  Claims 1 and 8, which are the only other claims in the              
          application, have been canceled.                                            


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