Ex parte BACH 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                                   for publication and is not binding precedent of the Board.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. 21                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                       Ex parte ERIK BACH et al.                                                                        
                                                           Appeal No. 1999-2765                                                                         
                                                      Application No. 08/752,396                                                                        
                                                                      ON BRIEF                                                                          
                 Before COHEN, NASE, and JENNIFER D. BAHR, Administrative Patent                                                                        

                 NASE, Administrative Patent Judge.                                                                                                     

                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 to 3, 8 and 9.  Claims 4 to 7 and 10,                                                                            
                 the only other claims pending in this application, have been                                                                           
                 objected to as depending from a non-allowed claim.1                                                                                    

                          1The examiner and the appellants have referred to these                                                                       
                 claims as having been allowed.  However, since these claims                                                                            
                 depend from a non-allowed claim, the proper designation for                                                                            
                 these claims is that they are objected to.                                                                                             

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