Ex Parte Kern 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                     publication and is not binding precedent of the Board.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. 20         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                      ____________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                   
                                      ____________                                     
                        Ex parte THOMAS KERN and DIETHER SOMMER                        
                                      ____________                                     
                                  Appeal No. 2002-1173                                 
                              Application No. 09/510,6401                              
                                      ____________                                     
                                 HEARD: MARCH 19, 2003                                 
                                      ____________                                     
          Before HAIRSTON, BARRETT and SAADAT, Administrative Patent Judges.           
          SAADAT, Administrative Patent Judge.                                         


                                   DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner’s final                  
          rejection of claims 1-9, which are all of the claims pending in              
          this application.                                                            
               We reverse.                                                             






               1  Application for patent filed April 30, 1998, which is a continuation 
          of the International Application No. PCT/DE98/02115, filed July 27, 1998,    
          which claims the foreign filing priority benefit under 35 U.S.C. § 119 of    
          German Application No. 197 36 195.1, filed August 20, 1997.                  





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