Ex Parte FUCHS 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          not written for publication and is not binding precedent of the             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. 21              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                  Ex parte GERHARD FUCHS and RUPERT SPINDELBALKER                     
                            ___________                                               
                                Appeal No. 2003-0421                                  
                             Application No. 09/508,793                               
                                     __________                                       
                                      ON BRIEF                                        
                                      _________                                       
          Before KIMLIN, GARRIS, and WALTZ, Administrative Patent Judges.             
          WALTZ, Administrative Patent Judge.                                         

               DECISION ON APPEAL                                                     
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 6, 7 and 9.  Claims 10 and 11 are the             
          only other claims pending in this application and stand allowed             
          by the examiner (see the amendment dated Dec. 7, 2001, Paper No.            
          9, entered as noted in the Answer dated Apr. 4, 2002, Paper No.             
          13; see the Order Returning Undocketed Appeal to Examiner dated             
          Aug. 6, 2002, Paper No. 16, and the Reply Brief dated Sep. 23,              
          2002, Paper No. 18).  We have jurisdiction pursuant to 35 U.S.C.            
          § 134.                                                                      




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