Ex Parte Scherb 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                                     for publication and is not binding precedent of the Board.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 THOMAS THOROE SCHERB                                                   
                                                           and                                                           
                                              HARALD SCHMIDT-HEBBEL                                                      
                                                      ____________                                                       
                                                  Appeal No. 2005-0863                                                   
                                               Application No. 09/769,462                                                
                                                      ____________                                                       
                                                  HEARD: May 4, 2005                                                     
                                                      ____________                                                       
              Before FRANKFORT, McQUADE, and NASE, Administrative Patent Judges.                                         
              NASE, Administrative Patent Judge.                                                                         



                                                 DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 1 to 10                  
              and 13 to 54, which are all of the claims pending in this application.                                     


                     We REVERSE.                                                                                         








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