Ex parte NUKADA et al. - Page 1




            The opinion in support of the decision being entered today              
            was not written for publication and is not precedent of                 
            the Board.                                                              
                                                        Paper No. 28                
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    
                Ex parte HIDEMI NUKADA, YASUO SAKAGUCHI, TAKETOSHI                  
                HOSHIZAKI, FUMIO OJIMA, MASAYUKI NISHIKAWA, KOHICHI                 
                YAMAMOTO, YUMIKO KOMORI                                             
                                    ____________                                    
                                Appeal No. 1998-0140                                
                              Application No. 08/401761                             
                                    ____________                                    
                              HEARD: February 15, 2001                              
                                    ____________                                    

            Before OWENS, JEFFERY T. SMITH, and PAWLIKOWSKI,                        
            Administrative Patent Judges.                                           
            PAWLIKOWSKI, Administrative Patent Judge.                               

                                   DECISION ON APPEAL                               
                This is a decision on appeal from the examiner's final              
            rejection of claims 3, 4, and 5, which are all of the                   
            claims pending in this application.1                                    
                The subject matter on appeal is illustrated in claim 3,             
            which reads as follows:                                                 


                                                                                    
            1   We note that the examiner has withdrawn his 35 U.S.C. § 112, first  
            paragraph objection of the specification (this objection was set forth  
            on pages 2-3 of the final Office Action of Paper No. 5) because this    
            objection was not raised in the examiner’s Answer.                      





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