Ex parte PERNER et al. - Page 1




          The opinion in support of the decision being entered today was         
         not written for publication and is not binding precedent of the         
                                      Board.                                     

                                                          Paper No.  13          

                    UNITED STATES PATENT AND TRADEMARK OFFICE                    
                                  ____________                                   

                       BEFORE THE BOARD OF PATENT APPEALS                        
                                AND INTERFERENCES                                
                                  ____________                                   
                    Ex parte THOMAS PERNER and GUNTER ELZER                      
                                  _____________                                  
                              Appeal No. 1997-4300                               
                           Application No. 08/518,719                            
                                  ____________                                   
                                    ON BRIEF                                     
                                  ____________                                   
         Before McKELVEY, KRATZ and PAWLIKOWSKI, Administrative Patent           
         Judges.                                                                 
         PAWLIKOWSKI, Administrative Patent Judge.                               


                          MEMORANDUM OPINION AND ORDER                           
                    Decision on appeal under 35 U.S.C. § 134                     
                                      Order                                      
              The decision of the examiner finally rejection claims 2            
         and 4 under 35 U.S.C. § 102 as being anticipated by Miller or           
         Tzschoppe, and finally rejecting claim 3 under 35 U.S.C. §              







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