Ex Parte GUEBITZ - 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                                 for publication and is not binding precedent of the Board.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 FRANZ GUEBITZ                                                     
                                                     ____________                                                         
                                                  Appeal No. 1998-3202                                                    
                                               Application No. 08/456,294                                                 
                                                     ____________                                                         
                                                       ON BRIEF                                                           
                                                     ____________                                                         
              Before HANLON, WARREN, and TIMM, Administrative Patent Judges.                                              
              HANLON, Administrative Patent Judge.                                                                        

                                                DECISION ON APPEAL                                                        
                     This is a decision on an appeal under 35 U.S.C. § 134 involving claims 5 and 8.  Claims              
              5-7 were finally rejected.  However, subsequent to the final rejection, an amendment was filed              
              canceling claims 6 and 7 and adding claim 8.  Paper No. 16.  That amendment was entered by the              
              examiner.  See Paper No. 17 (the proposed amendment will be entered upon filing a Notice of                 
              appeal and an appeal brief).  Therefore, claims 5 and 8 are properly at issue in this appeal.               
                     The claims on appeal are directed to a method for preparing a decorative surface                     
              appearance of a molded body.  Claim 5 is illustrative and reads as follows:                                 

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