Ex Parte KOCH 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 28                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                    Ex parte JURGEN KOCH,                                                             
                                       LEANDER STAAB, WOLFGANG KOHLWEILER                                                             
                                                   and KARL-ANTON STARZ                                                               
                                                         ______________                                                               
                                                      Appeal No. 2002-2031                                                            
                                                      Application 09/115,553                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, KRATZ and TIMM, Administrative Patent Judges.                                                           
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellants, in the brief and reply brief,                       
               and based on our review, find that we cannot sustain any of the grounds of rejection:  claims 1                        
               through 5, 9, 11 through 13 and 16 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                       
               over Conn in view of Kawashima et al. (Kawashima);  claim 6 stands rejected under 35 U.S.C.                            
               § 103(a) as being unpatentable over Conn in view of Kawashima, as applied to claims 1 through                          
               5, 9, 11 through 13 and 16, further in view to applicants’ admissions (specification, page 7, lines                    
               1-10);  claims 7, 8 and 10 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                         
               Conn in view of Kawashima and applicants’ admissions (specification, page 7, lines 1-10), as                           


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