Ex Parte SCHMITT 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          not written for publication and is not binding precedent of the             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. 19                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte JOHANNES SCHMITT                                
                                  and MATTHAUS KOCH                                   
                                     __________                                       
                                Appeal No. 2002-1556                                  
                               Application 09/409,583                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before STAAB, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Johannes Schmitt et al. appeal from the final rejection of             
          claims 1 through 7, 9, 11 and 13 through 20.  Claims 8, 10 and              
          12, the only other claims pending in the application, stand                 
          objected to as depending from rejected base claims.                         
                                   THE INVENTION                                      
               The invention relates to “a device and method for preventing           
          rollback of a vehicle on an incline” (specification, page 1).               
          Representative claim 1 reads as follows:                                    
               1. A device for preventing a rollback of a vehicle on an               
          incline, the vehicle including a brake system, at least one front           
          wheel and at least one rear wheel, the brake system being                   





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