Ex parte ITO 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                                 publication and is not binding precedent of the Board.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.  24                    
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                     __________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                         
                                                     __________                                                          
                                Ex parte MASAHARU ITO, KUNITOSHI MATSUNOBU,                                              
                          MASANORI UONO, SUSUMU KANEMAKI and KYOICHI KOBASHI                                             
                                                     __________                                                          
                                                Appeal No. 1998-1880                                                     
                                              Application No. 08/423,865                                                 
                                                     __________                                                          
                                                HEARD: April 26, 2001                                                    
                                                     __________                                                          
                 Before WILLIAM F. SMITH, SCHEINER and ADAMS, Administrative Patent                                      
                 Judges.                                                                                                 
                 ADAMS, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                        
                        This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                       
                 final rejection of claims 1-5.  Pursuant to a Restriction Requirement1 claims 6-10                      
                 were withdrawn from consideration as directed to a non-elected invention.                               








                                                                                                                         
                 1 Paper No. 4, mailed February 23, 1996.                                                                





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