Ex Parte Dobesberger 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                                    for publication and is not binding precedent of the Board.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 FRANZ DOBESBERGER, HERBERT FLANKL,                                             
                               DIETMAR LEITIMEIER, and ALOIS BIRGMANN                                                  
                                                     ____________                                                      
                                                 Appeal No. 2006-0010                                                  
                                              Application No. 10/170,538                                               
                                                     ____________                                                      
                                             HEARD: December 15, 2005                                                  
                                                     ____________                                                      


               Before GARRIS, WALTZ and JEFFREY T. SMITH, Administrative Patent Judges.                                
               JEFFREY T. SMITH, Administrative Patent Judge.                                                          


                                               DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 21 to                  
             68.1  We have jurisdiction under 35 U.S.C. ' 134.                                                         





                                                                                                                      
                     1According to the Examiner, Answer page 2, the subject matter of claims 59 and 63 are objected    
             to as being dependent upon a rejected base claim.  However, these claims have been included in a ' 103    
             rejection.                                                                                                






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