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written for publication and is not binding precedent of the Board.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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte EBERHARD FUCHS,
PETER-JOHANN MELDER
WERNER SCHNURR
and
ROLF FISCHER
__________
Appeal No. 2001-0936
Application No. 08/952,208
___________
ON BRIEF
___________
Before WINTERS, WILLIAM F. SMITH, 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 1, 3-6 and 10-16. Claims 2 and 7-8 have been
canceled. Claim 9 never existed due to a numbering error in the
amendment dated August 10, 1998. Thus, only claims 1, 3-6 and
10-16 are before us on this appeal.
REPRESENTATIVE CLAIM
The appellants have indicated (Supplemental Appeal Brief,
page 3, lines 10-14) that for the purposes of the Section 112
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