Ex Parte WINTER 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 30                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                    Ex parte ANDREAS WINTER, JURGEN ROHRMANN,                                                         
                              MARTIN ANTBERG, VOLKER DOLLE and WALTER SPALECK                                                         
                                                         ______________                                                               
                                                      Appeal No. 1998-3272                                                            
                                                      Application 08/461,3931                                                         
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before KIMLIN, WARREN and OWENS, Administrative Patent Judges.                                                         
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 17, 18 and 23 through 41.  Subsequent to the final rejection, appellants amended                      
               claims 23 through 27, 29 through 39 and 41, added 42, and canceled claims 28 and 40, leaving                           
               claims 17, 18, 23 through 27, 29 through 39, 41 and 42 for our consideration on appeal, which                          
               are all of the claims in the application.                                                                              


                       Claim 23, as it appears in the appendix to appellants’ brief, is illustrative of the claims on                 





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