The opinion in support of the decision being entered today was not written for
publication and is not precedent of the Board.
Paper No. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte TOSHIAKI FUJII,
TSUKURU SUZUKI,
HIDETOMO SUZUKI and
KAZUHIKO SAKAMOTO
____________
Appeal No. 1997-1728
Application No. 08/424,545
____________
HEARD: OCTOBER 10, 2000
____________
Before KIMLIN, PAK and DELMENDO, Administrative Patent Judges.
DELMENDO, Administrative Patent Judge.
REMAND TO THE EXAMINER
We return the subject application, in which we rendered a
decision on appeal under 35 U.S.C. § 134 on October 27, 2000, 1 to
the examiner for appropriate action on a paper filed by the
1 We affirmed the examiner’s rejections in our October 27,
2000 decision, but we designated our affirmance as a new ground
of rejection under 37 CFR § 1.196(b) (1997) because we relied on
a newly cited prior art reference and the appellants’ admitted
prior art.
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