Ex parte HARTMANN 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           for publication in a law journal and (2) is not binding precedent of the Board.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. 28         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                      Ex parte WERNER HARTMANN and DIETER KERNER                      
                                     ____________                                     
                                 Appeal No. 1997-1793                                 
                              Application No. 08/528,044                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     

          Before GARRIS, WALTZ, and DELMENDO, Administrative Patent                   
          Judges.                                                                     
          DELMENDO, Administrative Patent Judge.                                      


                                  DECISION ON APPEAL                                  
               This is a decision on an appeal under 35 U.S.C.  134                  
          from the examiner’s final rejection of claims 2 through 5, 9,               
          and 10, which are the only claims pending in the subject                    
          application.                                                                
               The subject matter on appeal generally relates to an iron              
          oxide/titanium dioxide mixed oxide composition having the                   
          recited characteristics, wherein the mixed oxide is prepared                






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