Ex Parte GRAF et al - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      

           The opinion in support of the decision being entered today (1) was not written
           for publication in a law journal and (2) is not binding precedent of the Board.
          Paper No. 23                                                                
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                         Ex parte ROBERT GRAF and STEFAN KEIPL                        
                                     ____________                                     
                                 Appeal No. 2003-0078                                 
                              Application No. 09/257,066                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before OWENS, LIEBERMAN and KRATZ, Administrative Patent Judges.            
          KRATZ, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1-8 and 11-20.  Claims 9 and 10, which are              
          all of the other claims pending in this application, have been              
          indicated as free of the prior art (allowable) by the examiner              
          (answer, page 3).                                                           
                                     BACKGROUND                                       
               Appellants’ invention relates to a composition that                    
          comprises a liquid foam extinguishing formulation.  The                     
          composition includes a film forming amphoteric surfactant, a foam           






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