Ex Parte Bertl et al - Page 1





        1              The opinion in support of the decision being entered today was                           
        2           not written for publication and is not binding precedent of the Board.                      
        3                                                                                                       
        4                                                                                                       
        5               UNITED STATES PATENT AND TRADEMARK OFFICE                                               
        6                                      _____________                                                    
        7                                                                                                       
        8                     BEFORE THE BOARD OF PATENT APPEALS                                                
        9                                 AND INTERFERENCES                                                     
        10                                     _____________                                                    
        11                                                                                                      
        12       Ex parte MATHIAS BERTL, MARC PEUKER, and GABRIELE HAGER                                        
        13                                     _____________                                                    
        14                                                                                                      
        15                                  Appeal No. 2007-2072                                                
        16                               Application No. 10/220,606                                             
        17                                 Technology Center 3700                                               
        18                                     ______________                                                   
        19                                                                                                      
        20                                Decided: August 3, 2007                                               
        21                                    _______________                                                   
        22                                                                                                      
        22 Before TERRY J. OWENS, STUART S. LEVY, and LINDA E. HORNER,                                          
        23                                                                                                      
        23 Administrative Patent Judges.                                                                        
        24                                                                                                      
        25                                                                                                      
        25 OWENS, Administrative Patent Judge.                                                                  
        26                                                                                                      
        27                                                                                                      
        28                                                                                                      
        29                                DECISION ON APPEAL                                                    
        30         The Appellants appeal from a rejection of claims 15-21 and 23-39, which are                  
        31   all of the pending claims.                                                                         
        32                                    THE INVENTION                                                     
        33         The Appellants claim a device, and disclose that the device is for storing and               
        34   dispensing a substance such as a dental material (Spec. 1:4-5).  The Appellants also               
        35   claim methods for making and using the device.  Claim 15 is illustrative:                          




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