Ex Parte Pees 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                                for publication and is not binding precedent of the Board.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 KLAUS-JUERGEN PEES, GUENTER KRUMMEL,                                        
                     HENRY VAN TUYL COTTER, GUIDO ALBERT, ANNEROSE REHNIG,                                     
                                  LESLIE MAY and WALDEMAR PFRENGLE                                             
                                                ___________                                                    
                                            Appeal No. 2005-0977                                               
                                          Application No. 09/840,488                                           
                                                 __________                                                    
                                                  ON BRIEF                                                     
                                                 __________                                                    
             Before ELLIS, SCHEINER and ADAMS, Administrative Patent Judges.                                   
             SCHEINER, Administrative Patent Judge.                                                            
                                           DECISION ON APPEAL                                                  
                   This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of              
             claims 1-9, reproduced in Appendix I of appellants’ Brief on Appeal, filed March 22,              
             2004.                                                                                             
                   The reference relied on by the examiner is:                                                 
             Pfrengle                        5,981,534                 Nov. 9, 1999                            
                   Claims 1-9 stand rejected under 35 U.S.C. § 102(e) as anticipated by Pfrengle.              
             In addition, claim 9 stands rejected under the first paragraph of 35 U.S.C. § 112, as             
             lacking enablement.                                                                               
                   We affirm the anticipation rejection, and do not reach the enablement rejection.            
                                                DISCUSSION                                                     





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