Ex parte TOH - 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                     not binding precedent of the Board.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. 15                                          
                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                                                       Ex parte MINORU TOH                                                                                             
                                                                             _____________                                                                                             
                                                                     Appeal No. 1997-3919                                                                                              
                                                                  Application 08/392,1601                                                                                              
                                                                            ______________                                                                                             
                                                                  HEARD: JANUARY 11, 2000                                                                                              
                                                                           _______________                                                                                             
                     Before JERRY SMITH, FLEMING and FRAHM, Administrative Patent                                                                                                      
                     Judges.                                                                                                                                                           
                     FLEMING, Administrative Patent Judge.                                                                                                                             


                                                                        DECISION ON APPEAL                                                                                             
                                This is a decision from the final rejection of claims 1                                                                                                
                     through 5, all the claims pending in the application.                                                                                                             
                                The present invention relates to an observing apparatus                                                                                                
                     to be used in a microscope.  The only independent claims 1 and                                                                                                    



                                1 Application for patent filed February 22, 1995.                                                                                                      
                                                                                          1                                                                                            





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