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is not binding precedent of the Board.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
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte PIUS SCHWELLINGER
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Appeal No. 2002-2189
Application No. 09/194,294
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ON BRIEF
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Before LIEBERMAN, TIMM, and POTEATE, Administrative Patent Judges.
TIMM, Administrative Patent Judge.
DECISION ON APPEAL
Appellant appeals the final rejection of claims 16-33 which are all the claims pending in
the application. Subsequent to the final rejection, the Examiner withdrew a non-statutory double
patenting rejection (Answer at p. 2) and, additionally, withdrew a number of prior art references
from a rejection over prior art (Answer at p. 4). Therefore, our review is limited to the two
remaining grounds of rejection:
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