Ex parte KAWAZURA et al. - Page 1






                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                     
                                        The opinion in support of the decision being entered today                                                    
                                   (1) was not written for publication in a law journal and                                                           
                                   (2) is not binding precedent of the Board.                                                                         
                                                                                                         Paper No. 24                                 
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                               _______________                                                                        
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                           AND INTERFERENCES                                                                          
                                                               _______________                                                                        
                                                       Ex parte TETSUJI KAWAZURA                                                                      
                                                                and ERI MIURA                                                                         
                                                                ______________                                                                        
                                                              Appeal No. 94-4354                                                                      
                                                            Application 08/037,3631                                                                   
                                                               _______________                                                                        
                                                                    ON BRIEF                                                                          
                                                               _______________                                                                        
                 Before GARRIS, WARREN and OWENS, Administrative Patent Judges.                                                                       
                 WARREN, Administrative Patent Judge.                                                                                                 
                                                       Decision on Appeal and Opinion                                                                 
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to                                       
                 allow claims 1 through 7 as amended subsequent to the final rejection.2                                                              
                          We reverse the rejection of the appealed claims under 35 U.S.C § 103 as being                                               
                 unpatentable over Aonuma in view of Schenck,3 as set forth in the answer (Paper No. 15), for the                                     
                 reasons set forth by appellants in their main and reply briefs (Papers No. 13 and 18).  We                                           
                 particularly find that even if a butyl rubber containing composition of Aonuma, which can include                                    

                                                                                                                                                     
                 1  Application for patent filed March 26, 1993.                                                                                      
                 2  Amendments of April 13, 1994 (Paper No. 8) and July 22, 1994 (Paper No. 12).                                                      
                 3  The references are listed at page 4 of the answer.                                                                                

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