Ex Parte SCHEUBER 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         written for publication and is not binding precedent of the Board.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. 31             

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     __________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                  AND INTERFERENCES                                 
                                     __________                                     
                              Ex parte MARKUS SCHEUBER                              
                                         and                                        
                                      HANS FREI                                     
                                     __________                                     
                                Appeal No. 2002-2125                                
                             Application No. 09/078,914                             
                                     ___________                                    
                                      ON BRIEF                                      
                                     ___________                                    

         Before KRATZ, DELMENDO and MOORE, Administrative Patent Judges.            
         MOORE, Administrative Patent Judge.                                        
                                  DECISION ON APPEAL                                
              This is an appeal under 35 U.S.C. § 134 from the final                
         rejection of claims 5, 6, 7, 8, 11, 19, 20, 21, 22 and 23.  Claims         
         1-4, 9-10 and 12-18 have been canceled.  Thus, claims 5-8, 11, and         
         19-23 are before us on appeal.                                             
                                 REPRESENTATIVE CLAIM                               
              The appellants have indicated that claims 5-8 stand together;         
         claims 11, 20 and 21 stand together; claims 22-23 stand together,          
         and claim 19 stands alone.   Accordingly, we shall focus our               
         attention on claim 8 (the independent method claim), claim 11 (the         






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