Ex Parte WAGNER 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                   for publication and is not binding precedent of the Board.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. 33         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                        Ex parte HARTMUT WAGNER and ROLAND FACH                       
                                     ____________                                     
                                 Appeal No. 2002-1596                                 
                              Application No. 09/284,701                              
                                     ____________                                     
                                  HEARD: Feb 11, 2003                                 
                                     ____________                                     
          Before WALTZ, PAWLIKOSKI, and MOORE, Administrative Patent Judges.          
          WALTZ, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the primary examiner’s            
          refusal to allow claims 1 through 3 as amended subsequent to the            
          final rejection (see the amendment dated Aug. 24, 2001, Paper No.           
          15, entered as per the Advisory Action dated Sep. 24, 2001, Paper           
          No. 18; see the Answer, page 3).  Claims 1-3 are the only claims            
          pending in this application.  We have jurisdiction pursuant to              
          35 U.S.C. § 134.                                                            
               According to appellants, the invention is directed to a new            
          process for producing sulfuric acid from gases containing sulfur            






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