Ex parte HAMPP 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                                   was not written for publication and is not binding precedent of                                         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. 23                             

                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                           _______________                                                                 

                                           BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                       AND INTERFERENCES                                                                   
                                                           _______________                                                                 

                                                    Ex parte NORBERT HAMPP,                                                                
                                             ANDREAS POPP, DIETER OESTERHELT                                                               
                                                    and CHRISTOPH BRAUCHLE                                                                 
                                                           ______________                                                                  

                                                         Appeal No. 1997-1713                                                              
                                                         Application 08/381,839                                                            
                                                           _______________                                                                 

                                                       HEARD: January 11, 2001                                                             
                                                           _______________                                                                 

                Before WARREN, LIEBERMAN and JEFFREY T. SMITH, Administrative Patent Judges.                                               

                WARREN, Administrative Patent Judge.                                                                                       
                                                   Decision on Appeal and Opinion                                                          
                        This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to allow                        
                claims 3, 5 through 8, 11, 12 and 16 through 18 as amended subsequent to the final rejection.1                             
                        We have very carefully considered the record before us, and based thereon, find that we cannot                     
                sustain any of the four grounds of rejection under 35 U.S.C. § 103 over the applied references.2,3  It is                  

                                                                                                                                           
                1  See the amendments of August 21, 1995 (Paper No. 6) and March 25, 1996 (Paper No. 10).                                  
                2  The grounds of rejection and applied references are set forth at pages 2 through 9 of the answer.                       
                3  The examiner withdrew the ground of rejection under 35 U.S.C. § 112, second paragraph, in the                           
                advisory action of April 9, 1996 (Paper No. 11).                                                                           

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