Ex Parte FRUTSCHI 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         and is not binding precedent of the Board.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. 35          
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    
                           Ex parte HANS ULRICH FRUTSCHI                            
                                 and HANS WETTSTEIN                                 
                                    ____________                                    
                                Appeal No. 2003-0213                                
                             Application No. 09/255,712                             
                                    ____________                                    
                                HEARD: March 2, 2004                                
                                    ____________                                    

         Before COHEN, ABRAMS and MCQUADE, Administrative Patent Judges.            
         MCQUADE, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                 
              Back from a remand to the examiner (see Paper No. 30), this           
         application is again before us for review of the appeal by Hans            
         Ulrich Frutschi et al. from the final rejection (Paper No. 18) of          
         claims 1, 2, 4 through 6, 27 and 29.                                       


                                   THE INVENTION                                    
              The invention relates to a method for operating a power               
         plant.  Representative claim 1 reads as follows:                           
              1.  A method for operating a power plant including a CO2              
         process, the method comprising the steps of:                               





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