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for publication and is not binding precedent of the Board.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. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte THEKLA KURZ, SABINE HITZEL, ROLAND MARTIN and RALF EMMERT
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Appeal No. 2001-0441
Application No. 08/779,219
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ON BRIEF
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Before WILLIAM F. SMITH, ELLIS and ROBINSON, Administrative Patent Judges.
ELLIS, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal pursuant to 35 U.S.C. § 134 of the examiner’s final rejection of
claims 1-2 and 7-17. Claims 3-6 are also pending; however, the examiner has only
objected to these claims as being dependent on a rejected base claim. Answer, p. 2.
According to the examiner, these claims would be allowable if re-written in an independent
form which includes all of the limitations of the base claim and any intervening claims. Id.
Claims 18-27 have been canceled.
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