Ex parte SCHADE 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                    today was not written for publication and is not                                              
                    binding precedent of the Board.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 CHRISTIAN SCHADE, AXEL S. SANNER,                                            
                    HANS-ULRICH WEKEL, FRANZ FROSCH and HORST WESTENFELDER                                        
                                              ________________                                                    
                                           Appeal No. 1998-3101                                                   
                                          Application 08/313,175                                                  
                                              ________________                                                    
                                                   ON BRIEF                                                       
                                              ________________                                                    
             Before OWENS, TIMM and DELMENDO, Administrative Patent Judges.                                       
             OWENS, Administrative Patent Judge.                                                                  

                                            DECISION ON APPEAL                                                    
                    This is an appeal from the examiner’s refusal to allow                                        
             claims 1, 3 and 4 as amended after final rejection.  Claims 5,                                       
             7 and 8, which are all of the other claims remaining in the                                          
             application, stand withdrawn from consideration by the                                               
             examiner as being directed toward a nonelected invention.                                            



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