Ex parte HIRAI 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                   publication in a law journal and (2) is not binding precedent of the Board.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. 50                                              

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                  
                                                                         __________                                                                                 
                                                BEFORE THE BOARD OF PATENT APPEALS                                                                                  
                                                                AND INTERFERENCES                                                                                   
                                                                         __________                                                                                 
                                             Ex parte FUMIYASU HIRAI and NOBUTAKA TANI                                                                              
                                                                         __________                                                                                 
                                                                   Appeal No. 95-2484                                                                               
                                                                 Application 07/948,4701                                                                            
                                                                         __________                                                                                 
                                                                 HEARD: JUNE 7, 1999                                                                                
                                                                         __________                                                                                 

                   Before WILLIAM F. SMITH, ELLIS and ROBINSON, Administrative Patent Judges.                                                                       

                   ELLIS, Administrative Patent Judge.                                                                                                              

                                                                DECISION ON APPEAL                                                                                  
                            This an appeal under 35 U.S.C. § 134 from the final rejection of claims 43 through                                                      
                   48, all the claims pending in the application.                                                                                                   
                            Claims 43 and 46 are illustrative of the subject matter on appeal and read as                                                           
                   follows:                                                                                                                                         



                            1Application for patent filed September 22, 1992.  According to the appellants, this                                                    
                   application is a continuation of Application 07/272,960, filed November 18, 1988.                                                                





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