Ex Parte SODERGARD 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                                  today was not written for publication and is not binding                                            
                                  precedent of the Board.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. 42                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                Ex parte ANDERS SODERGARD,                                                            
                                           JOHAN-FREDRIK SELIN, MARIA NIEMI,                                                          
                                  CARL-JOHAN JOHANSSON and KERSTIN MEINANDER                                                          
                                                         ______________                                                               
                                                      Appeal No. 2000-1620                                                            
                                                      Application 08/507,326                                                          
                                                         _______________                                                              
                                                     HEARD: October 8, 2002                                                           
                                                         _______________                                                              
               Before WARREN, LIEBERMAN and KRATZ, Administrative Patent Judges.                                                      
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellants, in the brief, and based on our                      
               review, find that we cannot sustain either of the rejections of appealed claims 24 through 36,1 all                    
               of the claims in the application, under 35 U.S.C. § 112, second paragraph, as being indefinite for                     
               failing to particularly point out and distinctly claim the subject matter which applicants regard as                   
               the invention, and under 35 U.S.C. § 103(a) as being unpatentable over Sinclair et al. (Sinclair                       
               ‘158) in view of Sinclair ‘418 and ‘537.2                                                                              
                                                                                                                                     
               1  See the amendments of January 22, 1999 (Paper No. 27) and October 27, 1999 (Paper No. 32).                          
               2  Answer, pages 3-5.                                                                                                  

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