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for publication and is not binding precedent of the Board.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. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ULRICH SIMON and STEFAN WILHELM
__________
Appeal No. 2003-0735
Application 09/238,859
__________
HEARD: August 19, 2003
__________
Before KRASS, JERRY SMITH, and RUGGIERO, Administrative Patent
Judges,
RUGGIERO, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal from the final rejection of
claims 2, 4, 5, and 7-9, which are all of the claims pending in
the present application. Claims 1, 3, and 6 have been canceled.
At page 3 of the Answer, the Examiner indicates that the
rejections of claims 2, 4, 5, and 7-9 under 35 U.S.C. § 112,
first paragraph, and of claim 9 under 35 U.S.C. § 103(a), have
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