Ex Parte STROBEL - 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                                     for publication and is not binding precedent of the Board.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. 19              

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     ____________                                                         

                                BEFORE THE BOARD OF PATENT APPEALS                                                        
                                               AND INTERFERENCES                                                          
                                                      ____________                                                        
                                          Ex parte WOLFGANG M. STROBEL                                                    
                                                      ____________                                                        
                                                  Appeal No. 2002-0049                                                    
                                                Application No. 09/317,538                                                
                                                      ____________                                                        
                                                        ON BRIEF                                                          
                                                      ____________                                                        
              Before COHEN, McQUADE, and NASE, Administrative Patent Judges.                                              
              NASE, Administrative Patent Judge.                                                                          



                                                 DECISION ON APPEAL                                                       
                     This is an appeal from the refusal of the examiner to allow claims 1 to 7, as                        
              amended (Paper No. 12, filed January 17, 2001) subsequent to the final rejection                            
              (Paper No. 8, mailed November 15, 2000).  These claims constitute all of the claims                         
              pending in this application.1                                                                               


                     We AFFIRM-IN-PART.                                                                                   

                     1 The rejection of claims 1 to 7 under 35 U.S.C. § 112, second paragraph, set forth in the final     
              rejection was withdrawn by the examiner (see the Advisory Action (Paper No. 13, mailed January 24,          
              2001) and page 2 of the answer).                                                                            




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