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written for publication and is not binding precedent of the Board.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 ULRICH HAMMON,
HOLGER HERBST and GERHARD NESTLER
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Appeal No. 2003-0849
Application 09/622,916
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HEARD: November 18, 2003
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Before WALTZ1, KRATZ and JEFFREY T. SMITH, Administrative Patent
Judges.
JEFFREY T. SMITH, Administrative Patent Judge.
Decision on appeal under 35 U.S.C. § 134
Applicants appeal the decision of the Primary Examiner rejecting claims 1 to
15, all of the pending claims in the application.2 We have jurisdiction under 35
U.S.C. § 134.
1 Paul Lieberman, Administrative Patent Judge, who participated in the oral hearing for this appeal,
is now retired. Therefore, Thomas A. Waltz, Administrative Patent Judge, has been added to the panel for
participation in the subject decision. Reargument is not required. See In re Bose Corp., 772 F.2d 866, 869,
227 USPQ 1, 4 (Fed. Cir. 1985).
2 In rendering our decision we have considered Appellants’ position present in the Brief, filed
March 26, 2002 and the Reply Brief, filed July 17, 2002.
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