Ex Parte GOEDE et al - Page 1




                        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                     entered today is not binding precedent of the Board.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.         





Page:  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007