Ex Parte Horburger 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          not written for publication and is not binding precedent of the             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 WALTER HORBURGER and WOLFGANG SCHEYER                     
                                     __________                                       
                                Appeal No. 2005-1042                                  
                             Application No. 09/759,543                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       
          Before KIMLIN, GARRIS, and PAK, Administrative Patent Judges.               
          GARRIS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 1-5.             
               The subject matter on appeal relates to a level comprising a           
          level body made of a foamed metal.  This appealed subject matter            
          is adequately represented by independent claim 1 which reads as             
          follows:                                                                    


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