Ex Parte MERTEN 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                                           for publication and is not binding precedent of the Board.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. 25               

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                             ____________                                                              
                                          BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                       AND INTERFERENCES                                                               
                                                             ____________                                                              
                                                   Ex parte GERHARD MERTEN,                                                            
                                                           and HANS MEYA                                                               
                                                             ____________                                                              
                                                        Appeal No. 2000-2129                                                           
                                                      Application No. 09/090,583                                                       
                                                             ____________                                                              
                                                               ON BRIEF                                                                
                                                             ____________                                                              
               Before STAAB, McQUADE, and NASE, Administrative Patent Judges.                                                          
               STAAB, Administrative Patent Judge.                                                                                     



                                                       DECISION ON APPEAL                                                              
                    Gerhard Merten and Hans Meya appeal from the final rejection of claims 6-10, all the claims                        
               currently pending in the application.                                                                                   
                       With reference to Figures 1, 2 and 4, appellants’ invention pertains to a chain for a scraper                   
               chain conveyor comprising horizontal links 1, each having a constant circular cross-section with a                      
               diameter of at least 48 mm all the way around the link, alternating with vertical links 2, each having                  
               longitudinal limbs 4 having a flattened approximately oval cross-section.  The pitch t2 of the                          






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