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for publication and is not binding precedent of the Board.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 HELMUT FITZ and KLAUS BRUSTLE
____________
Appeal No. 2005-2135
Application No. 10/038,910
____________
ON BRIEF
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Before McQUADE, NASE and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's rejection of claims 22, 33-35,
42, 43, 45 and 47-50. Claims 23-32, 37-41 and 44 stand withdrawn from consideration
as not being directed to an elected species or invention and claims 36 and 46 have
been objected to as depending from a rejected claim but are otherwise indicated as
allowable. Subsequent to the filing of this appeal, claim 34 was re-written in
independent form in an amendment filed February 17, 2005.
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