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was not written for publication and is not binding precedent of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. 38
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte KAZUAKI ABE.
HIROMICHI SEIKE and MITSUHIRO IWATA
______________
Appeal No. 1998-1152
Application 08/489,8291
_______________
ON BRIEF2
_______________
Before WARREN, KRATZ and JEFFREY T. SMITH, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal and Opinion
We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the
opposing views of the examiner, in the answer, and appellants, in the brief, and based on our review,
find that we cannot sustain the rejection of appealed claims 1 through 10,3 all of the claims in the
application, under 35 U.S.C. § 103(a) as being unpatentable over Schnur et al. (Schnur) in view of
1 We have concurrently decided Appeal No. 97-4226 in application 08/501,152.
2 As counsel was informed on September 12, 2001, it is ORDERED that the Oral Hearing scheduled
for 1:00 PM on September 12, 2001, is VACATED.
3 See, e.g., pages 18-19 of the specification and the amendment September 6, 1995 (Paper No. 16).
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