Ex parte KAMIYAMA et al. - Page 8




               Appeal No. 1996-0584                                                                                              
               Application No. 07/658,878                                                                                        


               further prosecution, both the examiner and the appellants should take China into account and determine            

               what effect its disclosure has on the patentability of the claimed subject matter.                                





                                                        CONCLUSION                                                               

                      To summarize, the decision of the examiner to reject claims 1-8, 19-25, 27 and 29-33 under                 

               35 U.S.C. § 103 as being unpatentable over Vanzo is reversed.                                                     

                      No time period for taking any subsequent action in connection with this appeal may be                      

               extended under 37 CFR § 1.136(a).                                                                                 

                                                         REVERSED                                                                







                                     EDWARD C. KIMLIN                              )                                             
                                     Administrative Patent Judge                   )                                             
                                                                                   )                                             
                                                                                   )                                             
                                                                                   )                                             
                                                                                   ) BOARD OF PATENT                             
                                     CHARLES F. WARREN                             )     APPEALS                                 
                                     Administrative Patent Judge                   )       AND                                   
                                                                                   )  INTERFERENCES                              
                                                                                   )                                             

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