Ex Parte Wenning 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          not written for publication and is not binding precedent of the              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 UNDO WENNING, HANS-FRIEDER EBERHARDT,                      
          MICHAEL NEUMANN and THOMAS ZEILER                                            
                                      __________                                       
                                 Appeal No. 2004-1333                                  
                                Application 09/969,190                                 
                                     ___________                                       
                                       ON BRIEF                                        
                                     ___________                                       

          Before COHEN, FRANKFORT, and McQUADE, Administrative Patent                  
          Judges.                                                                      
          FRANKFORT, Administrative Patent Judge.                                      

                                  DECISION ON APPEAL                                   


          This is a decision on appeal from the examiner's final                       
          rejection of claims 1 through 21, all of the claims pending in               
          this application.1                                                           

               1 Although an oral hearing was scheduled for August 17, 2004            
          and confirmed by appellants in a paper filed July 22, 2004 (Paper            
          No. 20), we note that no representative for appellants appeared              
          to argue the present application, nor in any way timely                      
          communicated an intention not to attend the oral hearing.                    
                                           1                                           





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