Ex Parte PEDAIN 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                                        today was not written for publication and is not binding                                                          
                                        precedent of the Board.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. 16                                  
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                 _______________                                                                          
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                            AND INTERFERENCES                                                                             
                                                                 _______________                                                                          
                                                            Ex parte JOSEF PEDAIN,                                                                        
                                                MANFRED BOCK and CARL-GERD DIERIS                                                                         
                                                                  ______________                                                                          
                                                              Appeal No. 1999-1415                                                                        
                                                              Application 08/784,875                                                                      
                                                                 _______________                                                                          
                                                                      ON BRIEF                                                                            
                                                                 _______________                                                                          
                  Before WARREN, OWENS and WALTZ, Administrative Patent Judges.                                                                           
                  WARREN, Administrative Patent Judge.                                                                                                    
                                                         Decision on Appeal and Opinion                                                                   
                           We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                                        
                  the opposing views of the examiner, in the answer and supplemental answer, and appellants, in                                           
                  the brief and first and second reply briefs,1 and based on our review, find that we cannot sustain                                      
                  the sole ground of rejection of appealed claims 1, 3, 5, 7, 9 through 11, 13, 15, 17 and                                                



                                                                                                                                                         
                  1  The supplemental examiner’s answer of November 13, 2002 (Paper No. 12) was prepared in                                               
                  response to our remand entered August 21, 2002 (Paper No. 11), and appellants in turn filed the                                         
                  second reply brief on April 9, 2003 (Paper No. 13) which, after our remand entered April 18,                                            
                  2003 (Paper No. 14), was entered by the examiner in the communication mailed September 8,                                               
                  2003 (Paper No. 15).                                                                                                                    





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