Ex parte WINNER 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                                   for publication and is not binding precedent of the Board.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. 22                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                          Ex parte HERMANN WINNER and STEFAN WITTE                                                                      
                                                                   ____________                                                                         
                                                           Appeal No. 2000-0858                                                                         
                                                      Application No. 08/890,933                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF1                                                                         
                                                                   ____________                                                                         
                 Before ABRAMS, McQUADE, and NASE, Administrative Patent Judges.                                                                        
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is an appeal from the refusal of the examiner to                                                                         
                 allow claims 3, 5 to 8, 10 and 11, as amended subsequent to                                                                            
                 the final rejection.  These claims constitute all of the                                                                               
                 claims pending in this application.                                                                                                    


                          We REVERSE.                                                                                                                   

                          1On February 15, 2001, the appellants waived the oral                                                                         
                 hearing (see Paper No. 21) scheduled for March 8, 2001.                                                                                





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