Ex Parte JACKEL et al - Page 3



          Appeal No. 1999-1484                                                        
          Application No. 07/963,109                                                  

          No. 42), while the complete statement of appellants’ argument can           
          be found in the brief (Paper No. 41).                                       

                                       OPINION                                        

               In reaching our conclusion on the issue raised in this                 
          appeal, this panel of the board has carefully considered                    
          appellants’ specification and claims, the patent to Freidmann and           
          Zapf, and the respective viewpoints of appellants and the                   
          examiner.  As a consequence of our review, we make the                      
          determination which follows.                                                

               We do not sustain the rejection of appellants’ claims under            
          35 U.S.C. § 102(f).                                                         

               According to 35 U.S.C. § 102(f), a person shall be entitled            
          to a patent unless he did not invent the subject matter sought to           
          be patented.                                                                

               The examiner relies upon Fig. 1 of the patent to Freidmann             
          and Zapf in concluding that appellants Jackel and Reik did not              
          invent the subject matter now sought to be patented.  It is                 
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