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          not binding precedent of the Board.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               
          Judges.                                                                     
          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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