Ex parte OHTAWA 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                               (2) is not binding precedent of the Board.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. 17                            
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                               
                                         BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                      AND INTERFERENCES                                                                
                                                         _______________                                                               
                                                  Ex parte SHIGERU OHTAWA                                                              
                                           JUNICHI ONODERA and KOUJI HARADA                                                            
                                                          ______________                                                               
                                                        Appeal No. 95-3945                                                             
                                                       Application 08/204,9221                                                         
                                                         _______________                                                               
                                                             ON BRIEF                                                                  
                                                         _______________                                                               
               Before WEIFFENBACH, WARREN and WALTZ, 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 finally rejecting                     
               claims 22 through 27.                                                                                                   



                       The examiner has premised his rejection of the appealed claims under 35 U.S.C. '1032 on his                     
                                                                                                                                      
               1  Application for patent filed March 2, 1994. According to appellants, this application is a continuation              
               of application 07/871,142, filed April 20, 1992, now Patent No. 5,344,747, issued September 6,                          
               1994, which is a division of application 07/622,320, filed December 6, 1990, now Patent No.                             
               5,147,759, issued September 15, 1992, which is a continuation of application 07/332,917, filed April                    
               4, 1989, now abandoned.                                                                                                 
               2  In his letter of March 1, 1995 (Paper No. 12), the examiner withdrew the new ground of rejection of                  
               the appealed claims under the judicially created doctrine of obviousness-type double patenting over                     

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