Ex Parte RIENER 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                         is not binding precedent of the Board.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. 20              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                    Ex parte THOMAS RIENER and PETER SCHMALLEGGER                     
                                   _______________                                    
                                Appeal No. 2003-1477                                  
                             Application No. 09/248,533                               
                                   _______________                                    
                                      ON BRIEF                                        
                                   _______________                                    

          Before GARRIS, PAK, and PAWLIKOWSKI, Administrative Patent                  
          Judges.                                                                     
          GARRIS, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the refusal of the                
          examiner to allow claims 4-9 as amended subsequent to the final             
          rejection.1  These are all of the claims remaining in the                   

               1 On page 2 of the answer, the examiner states that the after-final-   
          rejection amendment filed December 5, 2001 has not been entered (which is   
          inconsistent with the examiner’s subsequent indication that the copy of the 
          appealed claims in the brief appendix is correct since this copy reflects   
                                                                  (continued...)      
                                          1                                           





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