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for publication and is not binding precedent of the Board.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 PETER DOMINKE, CHI-THUAN CAO,
WOLFGANG PFEIFFER, KLAUS-DIETER LEIMBACH,
WERNER HARTER, JENS HAFERMALZ,
HELMUT KNOEDLER, WILFRIED LEUTNER,
JUERGEN SCHUELE and HERBERT LOHNER
____________
Appeal No. 2006-0373
Application No. 10/181,625
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HEARD: FEBRUARY 7, 2006
____________
Before GARRIS, MCQUADE, and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 24-27.
Claims 13-23 and 28-32 stand withdrawn from consideration pursuant to 37 CFR
§ 1.142(b) as being drawn to nonelected species.1 No other claims are pending.
1 The appellants' petition (dismissed in a decision mailed April 4, 2005) of the examiner's
restriction requirement and withdrawal of claims 13-23 and 28-32 from consideration, referred to on page
3 of the brief, is not an appealable issue and is not within the jurisdiction of the Board of Patent Appeals
and Interferences. See Manual of Patent Examining Procedure (MPEP) §§ 1002 and 1201 and In re
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