Ex Parte RIENER et al - Page 2




          Appeal No. 2003-1477                                                        
          Application No. 09/248,533                                                  


          application.                                                                
               The subject matter on appeal relates to a method of forming            
          modules on a module tape for use in a dual mode data carrier                
          which comprises the steps of mounting a plurality of contact-               
          bound-mode module contact zones on a first side of a carrier                
          layer and depositing a plurality of contactless-mode module                 
          contact zones on a second side of the carrier layer by means of a           
          printing method.  Further details of this appealed subject matter           
          are set forth in representative independent claim 4 which reads             
          as follows:                                                                 
               4.  A method of forming modules on a module tape for                   
               use in a dual mode data carrier, each of said modules                  
               comprising a chip having a plurality of                                
               contact-bound-mode terminals and a plurality of                        
               contactless-mode terminals, the method of forming the                  
               modules comprising the steps:                                          
                    providing a carrier layer of an electrically                      
               insulating material, the carrier layer having a first                  
               side and a second side;                                                


               1(...continued)                                                        
          entry of the aforementioned amendment).  In fact, entry of this amendment was
          authorized by the examiner in the Advisory Action mailed December 13, 2001. 
          Although this entry authorization has not been clerically processed, it is  
          beyond dispute that the claims officially pending and on appeal in this     
          application are the claims as modified via the December 5, 2001 amendment.  It
          is here appropriate to point out that this amendment, in presenting the     
          amended form of independent claim 4, erroneously used the numeral 1 rather  
          than the numeral 4 (see page 1 of the amendment).  It is proper that we ignore
          this error in our disposition of this appeal (as the examiner seemingly did in
          authorizing entry of the amendment), and the Examining Corps may choose to do
          likewise in effectuating amendment entry upon return of this application to 
          Corps jurisdiction.                                                         
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