Ex Parte Grimm 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               today was not written for publication and is not binding               
               precedent of the Board.                                                

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                              Ex parte Sabine Grimm and                               
                                Jean-Christophe Simon                                 
                                     ____________                                     
                                 Appeal No. 2005-0708                                 
                              Application No. 09/968,967                              
                                     ____________                                     
                                 HEARD: April 20, 2005                                
                                     ____________                                     
          Before PAK, WALTZ, and TIMM, Administrative Patent Judges.                  
          WALTZ, Administrative Patent Judge.                                         

               DECISION ON APPEAL                                                     
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 1, 4, 6-13, 19-24, 26, 27, 29, 30, and            
          33-48.1  Claims 14-18 are the only other claims pending in this             
          application but stand withdrawn from further consideration by the           
          examiner as directed to a non-elected invention (final Office               


               1                                                                      
               1Appellants submitted an amendment subsequent to the final             
          rejection, which amendment was entered by the examiner (see the             
          amendment dated Mar. 16, 2004, entered as per the Advisory Action           
          dated Mar. 31, 2004; see also the Brief, page 3, ¶ IV).                     




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