Ex parte TANAKA et al. - Page 14




          Appeal No. 1999-0578                                                        
          Application 08/217,641                                                      


          which exhibits a spatially uniform intermediate state between               
          bistable states, we do not sustain the examiner’s rejection of              
          claim 30, and a discussion of Hanyu is unnecessary.  We do                  
          note for the record, however, that the range of 10 -10  eqcm5   14                    
          disclosed by Hanyu is not a misprint [note that the range is                
          repeated in claim 5].                                                       
          In summary, we have sustained the examiner’s rejection                      
          of claim 1, but we have not sustained the examiner’s                        
          rejections of claims 2-4, 8, 29 and 30.  Therefore, the                     
          decision of the examiner rejecting claims 1-4, 8, 29 and 30 is              
          affirmed-in-part.                                                           
          No time period for taking any subsequent action in                          
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
          AFFIRMED-IN-PART                                                            





                                                       )                              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
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