The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 18 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte OLAF JACH and LOTHAR DIEHL ____________ Appeal No. 2002-1191 Application No. 09/101,175 ____________ ON BRIEF ____________ Before WALTZ, JEFFREY T. SMITH and MOORE, Administrative Patent Judges. JEFFREY T. SMITH, Administrative Patent Judge. DECISION ON APPEAL Applicants appeal the decision of the Primary Examiner finally rejecting claims 21 to 24, 27 to 35, 37 and 40 to 44.1, 2 We have jurisdiction under 35 U.S.C. § 134. 1 In rendering our decision, we have considered Appellants’ arguments presented in the Brief, filed May 30, 2001, and the Reply Brief, filed September 24, 2001. 2 The Examiner has indicated that the subject matter of claims 38 and 39 is allowable; however, these claims have been objected to as being dependent upon a rejected claim. (Answer, p. 1).Page: 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007