Ex parte GRAVENSTEIN 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                                                                        not binding precedent of the Board.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. 25                         

                                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                              
                                                                                  ____________                                                                                         

                                                         BEFORE THE BOARD OF PATENT APPEALS                                                                                            
                                                                          AND INTERFERENCES                                                                                            
                                                                                  ____________                                                                                         

                                        Ex parte DIETRICH GRAVENSTEIN, NIKOLAUS GRAVENSTEIN,                                                                                           
                                    RICHARD J. MELKER,  SAMSUN LAMPOTANG and ANWER SULTAN                                                                                              
                                                                                  ____________                                                                                         

                                                                            Appeal No. 1999-0283                                                                                       
                                                                        Application No. 08/451,811                                                                                     
                                                                                  ____________                                                                                         

                                                                                    ON BRIEF1                                                                                          
                                                                                  ____________                                                                                         

                     Before FRANKFORT, STAAB, and BAHR, Administrative Patent Judges.                                                                                                  
                     BAHR, Administrative Patent Judge.                                                                                                                                




                                                                          DECISION ON APPEAL                                                                                           

                                This is a decision on appeal from the examiner's final rejection of claims 17-19, which                                                                

                     are all of the claims pending in this application.2                                                                                                               


                                1This appeal was set to be heard on April 7, 2000.  However, as the appellants elected not to appear,                                                  
                     thereby waiving the oral hearing, the appeal is decided on brief.                                                                                                 
                                2We note that the preliminary amendment canceling claims 1-16 included on page 2 of the "REQUEST                                                       
                     FOR APPLICATION UNDER 37 CFR  1.60" filed May 26, 1995 has not been clerically entered, although the                                                             
                     examiner acknowledges (Paper No. 2, examiner's action summary sheet) that claims 1-16 have been canceled.  The                                                    
                                                                                                                                                  (continued...)                       






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