The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 21
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte JOACHIM GOEDE, HELMUT HETTCHE,
HELMUT MOMBERGER, JURGEN ENGEL and MICHAEL LOBISCH
_____________
Appeal 1997-3391
Application 08/212,5781
______________
Before: WINTERS and WILLIAM F. SMITH, Administrative Patent
Judges, and McKELVEY, Senior Administrative Patent Judge .
McKELVEY, Senior Administrative Patent Judge .
MEMORANDUM OPINION and ORDER
Decision on appeal under 35 U.S.C. § 134
The appeal is from a decision of the Primary Examiner,
entered for the first time in the Examiner's Answer, rejecting
claims 1-7. We affirm.
A. Findings of fact
The record supports the following findings by a
preponderance of the evidence.
1 Application for patent filed 17 March 1994. Applicants claim
priority under 35 U.S.C. § 119 of German patent application P 43 08 572.5,
filed 18 March 1993 and German patent application P 43 19 649.7, filed 14 June
1993. The real party in interest is believed to be Asta Medica AG.
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