Ex parte SIMETH - Page 1




                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                 
             The opinion in support of the decision entered today (1) was not written for publication in a law journal and (2) is
             not binding precedent of the Board.                                                               
                                                                                        Paper No. 39           
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                            __________________                                                 
                                BEFORE THE BOARD OF PATENT APPEALS                                             
                                           AND INTERFERENCES                                                   
                                            __________________                                                 
                                           Ex parte CLAUS SIMETH                                               
                                            __________________                                                 
                                            Appeal No. 1999-0872                                               
                                           Application 08/885,3991                                             
                                             ________________                                                  
                                                  ON BRIEF                                                     
                                             ________________                                                  
             Before McKELVEY, Senior Administrative Patent Judge, and LEE and MEDLEY,                          
             Administrative Patent Judges.                                                                     
             LEE, Administrative Patent Judge.                                                                 
                                           DECISION ON APPEAL                                                  

                   This is a decision on appeal under 35 U.S.C.  134 from the examiner’s rejection of         
             appellant’s claims 2-5 and 30-34.  No claim has been allowed.  The real party in interest is      
             MAN Roland Druckmaschinen AG.                                                                     
                                    References relied on by the Examiner                                       

             DeMoore (‘644)            3,791,644          Feb. 12, 1974                                        
             DeMoore (‘267)            4,402,267          Sep.   6, 1983                                       
             Simeth                    5,154,120          Oct. 13, 1992                                        


                   1                                                                                           
                          Application for patent filed June 30, 1997.  The real party in interest is MAN Roland
             Druckmaschinen.                                                                                   





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