Ex parte AOUDE et al. - Page 4




          Appeal No. 1998-1374                                                        
          Application No. 08/466,562                                                  

          earlier filed application. Appellants request at page 2 of                  
          their main brief that the appeal from the earlier application               
          and this application be combined before the Board because the               
          applications "claim similar subject matter, and the prior art               
          issues are the same."                                                       
               Nevertheless, the appeal in appellants' earlier filed                  
          application was decided in a decision mailed on September 28,               
          1998 (Paper Number 18). Therein, the Board affirmed the                     
          rejection of claims 11 through 20 under 35 U.S.C. § 103 over                
          the disclosure of Nakatani relied on herein by the examiner to              
          reject claims 1 through 10 and 21 through 25. In their                      
          decision in said earlier filed application, the Board "was                  
          constrained to reverse the examiner's rejection as to claims                
          26-30 (claim 29 stands or falls with claim 26)." See page 6 of              
          Paper Number 18 of said earlier filed application. In response              
          to the Board's decision, appellants canceled claims 11 through              
          20 and claims 26 through 30 were allowed and the application                
          issued as U.S. Patent Number 5,925,443 on July 20, 1999.                    
               The subject matter in the earlier filed application was                
          directed to multilayered ceramic packages comprising a                      
          substrate and the copper-based paste herein claimed. It is                  

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