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was not written for publication and is not binding precedent of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. 37
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte TSUYOSHI YASUTAKE, HIDEAKI MIYASHITA,
SADAICHI KOMOHARA, HIROSHI MASUDA, TADASHI YOSHINO,
FUMIO NAKAMURA and NOBUYUKI SUTOH
______________
Appeal No. 1999-0507
Application 08/407,033
_______________
HEARD: November 7, 2001
_______________
Before WARREN, KRATZ and PAWLIKOWSKI, 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 finally rejecting
claims 5 through 7, 10, 11 13 through 15, 18, 19, 22 and 23. Claim 22, as it stands of record,1 is
illustrative of the claims on appeal:
22. A method for preparing a composition containing uniformly mixed elemental carbon and an
elemental oxide, which consists essentially of:
1 See the amendments of August 22, 1997 (Paper No. 24) and of January 7, 1998 (Paper No. 26). It
is apparent from a comparison of claim 22 reproduced here and as copied in the appendix to the brief
that there are differences in addition to those cited in the answer (page 2).
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