Ex Parte Schwartz 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                              for publication and is not binding precedent of the Board.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 HERBERT E. SCHWARTZ, PRASANNA MALAVIYA,                                         
                                            and MARK J. PELO                                                  
                                                __________                                                    
                                             Appeal 2006-1953                                                 
                                           Application 10/195,347                                             
                                          Technology Center 3700                                              
                                                __________                                                    
                                           Decided: May 21, 2007                                              
                                                __________                                                    
                Before DONALD E. ADAMS, DEMETRA J. MILLS, and                                                 
                ERIC GRIMES, Administrative Patent Judges.                                                    
                GRIMES, Administrative Patent Judge.                                                          


                                         DECISION ON APPEAL                                                   
                      This is an appeal under 35 U.S.C. § 134 involving claims to a device                    
                and method for repairing cartilage.  The Examiner has rejected the claims as                  
                anticipated or obvious.  We have jurisdiction under 35 U.S.C. § 6(b).  We                     
                affirm in part.                                                                               







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