Ex Parte Hartmann 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                    publication and is not binding precedent of the Board.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. 24             
                      UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                     ____________                                   
                          BEFORE THE BOARD OF PATENT APPEALS                        
                                  AND INTERFERENCES                                 
                                     ____________                                   
                      Ex parte WERNER HARTMANN and DIETER KERNER                    
                                     ____________                                   
                                 Appeal No. 2004-1092                               
                              Application No. 10/014,425                            
                                     ____________                                   
                                      ON BRIEF1                                     
                                     ____________                                   
         Before WALTZ, KRATZ and PAWLIKOWSKI, Administrative Patent Judges.         
         KRATZ, Administrative Patent Judge.                                        


                                  DECISION ON APPEAL                                
              This is a decision on appeal from the examiner's final                
         rejection of claims 2, 5 and 11, which are all of the claims               
         pending in this application.                                               
                                     BACKGROUND                                     
              Appellant's invention relates to a titanium dioxide/iron              
         oxide mixed oxide powder composition having specified                      
         characteristics, wherein the mixed oxide is prepared using a               
         “flame hydrolytic method” (specification, page 1, lines 22-30).            


              1 Appellants failed to appear for the oral hearing scheduled          
         on July 15, 2004 without requesting and securing a postponement.           
         Consequently, appellants waived their right to an oral hearing.            





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