Ex Parte MANGOLD 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 25                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                 Ex parte HELMUT MANGOLD,                                                             
                                          WERNER HARTMANN, DIETER KERNER                                                              
                                                   and PETER KLEINSCHMIT                                                              
                                                         ______________                                                               
                                                      Appeal No. 2001-2546                                                            
                                                      Application 09/067,915                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, TIMM and DELMENDO, 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 reply brief,                       
               and based on our review, find that we cannot sustain the rejection of appealed claims 1 through 4,                     
               6 and 7, under 35 U.S.C. § 112, first paragraph, written description requirement, the rejection of                     
               appealed claims 1 through 3, 6 and 7 under 35 U.S.C. § 103(a) as being unpatentable over                               
               Zirngibl et al. (Zirngibl) or Saladin et al. (Saladin) or Hori each in view of Jacobson or Lee, and                    
               the rejection of appealed claim 4 under 35 U.S.C. § 103(a) as being unpatentable over Zirngibl et                      
               al. (Zirngibl) or Saladin et al. (Saladin) or Hori each in view of Jacobson or Lee, as applied to                      



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