Ex Parte Nitschke 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          not written for publication and is not binding precedent of the             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. 18              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
          Ex parte WARNER NITSCHKE, OTTO KARL, JOACHIM BAUER,                         
          MICHAEL BISCHOFF, GUNTER FENDT, JOHANNES RINKENS,                           
          STEFAN SCHAFFER and RICHARD BAUR                                            
                                     __________                                       
                                Appeal No. 2003-1747                                  
                               Application 09/647,296                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, FRANKFORT, and BAHR, Administrative Patent Judges.            
          FRANKFORT, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                   

          This is a decision on appeal from the examiner's final                      
          rejection of claims 8 through 17, all of the claims remaining in            
          this application.  On page 6 of the answer, the examiner                    
          indicates that claims 13 through 15 and 17 are now “objected to             
          as being dependent upon a rejected base claim, but would be                 
                                          1                                           




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