Ex Parte BOETTCHER 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              not binding precedent of the Board.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. 16                        
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                   _____________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                 
                                               AND INTERFERENCES                                                       
                                                   _____________                                                       
                                 Ex parte AXEL BOETTCHER, HERMANN HENSEN,                                              
                                                AND WERNER SEIPEL                                                      
                                                   _____________                                                       
                                                Appeal No. 2002-0089                                                   
                                                Application 09/331,6471                                                
                                                   ______________                                                      
                                                      ON BRIEF                                                         
                                                    ____________                                                       
              Before:  SCHAFER, TORCZON and TIERNEY, Administrative Patent Judges.                                     
              TIERNEY, Administrative Patent Judge.                                                                    

                                                  Decision on Appeal                                                   
                    This is an appeal under 35 U.S.C. §134 from the examiner’s refusal to allow                        
              claims 8-20.  We affirm the rejection of claims 8-20 under 35 U.S.C. § 103(a) over Schambil,             
              CA 1,334,458.  We reverse all other examiner rejections that were made in the Examiner’s                 
              Answer (Paper No. 13).                                                                                   




                    1Application for patent filed on June 23, 1999.  This application is said to claim benefit of      
              PCT Application PCT/EP98/00279, filed January 20, 1998 which itself claims benefit of German             
              Application DE 197 03 087.4, filed January 29, 1997.  The real party in interest is Cognis               
              Deutschland GmbH.                                                                                        





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