Ex parte MACHIDA et al. - Page 1






                                    The opinion in support of the decision being entered today was                                            
                                    not written for publication and is not binding precedent of the                                           
                                    Board.                                                                                                    
                                                                                                    Paper No. 31                              

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                            _______________                                                                   

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                         AND INTERFERENCES                                                                    
                                                            _______________                                                                   

                                        Ex parte MINORU MACHIDA, TOSHIO YAMADA,                                                               
                                            TAKESHI NAITO and YUKIHITO ICHIKAWA                                                               
                                                             ______________                                                                   

                                                          Appeal No. 1998-1004                                                                
                                                          Application 08/401,984                                                              
                                                            _______________                                                                   

                                                         HEARD: March 13, 2001                                                                
                                                            _______________                                                                   

                Before KIMLIN, PAK and WARREN, Administrative Patent Judges.                                                                  

                WARREN, Administrative Patent Judge.                                                                                          
                                                            Decision on Appeal                                                                
                         This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to allow                          
                claims 24 through 30 and 38 as amended in the amendment of October 7, 1996 (Paper    No. 14),                                 
                which are all of the claims remaining in the application as claims 1 through 8 and 31 through 37 were                         
                cancelled in this amendment.  Claim 24 is illustrative of the claims on appeal:                                               
                         24.  An exhaust gas treatment apparatus through which an exhaust gas containing fine particles                       
                is passed along a flow direction, comprising:                                                                                 
                         a first filter comprising a first filter main body, a first counter room provided downstream of the                  
                first filter main body, and a second counter room provided upstream of the first filter main body;                            



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