Ex Parte BAYER 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 16                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                  Ex parte GEORGE T. BAYER                                                            
                                                       and KIM A. WYNNS                                                               
                                                         ______________                                                               
                                                      Appeal No. 1999-0764                                                            
                                                      Application 08/745,199                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, KRATZ and JEFFREY T. SMITH, 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, 7, 9 through 12 and 14 under 35 U.S.C. § 103(a) as being unpatentable over Krutenat in view                         
               of Davis ‘501, and the rejection of appealed claims 5, 9 and 131 under 35 U.S.C. § 103(a) as                           
               being unpatentable over Krutenat in view of Davis ‘501 as applied to claims 1 through 4, 6, 7, 9                       



                                                                                                                                     
               1  Claims 1 through 7 and 9 through 14 are all of the claims in the application (specification,                        
               pages 9-11).                                                                                                           

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