Ex Parte TANAKA 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                   for publication and is not binding precedent of the Board.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. 37         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
              Ex parte YASUYUKI TANAKA, NAOYA ICHIKAWA, TOSHIAKI SAKAKI,              
                          YUICHI HIOKI and MASAHARU HAYASHI                           
                                     ____________                                     
                                 Appeal No. 2001-0676                                 
                              Application No. 08/941,132                              
                                     ____________                                     
                                 HEARD: April 25, 2002                                
                                     ____________                                     
          Before KIMLIN, PAK, and POTEATE, Administrative Patent Judges.              
          PAK, Administrative Patent Judge.                                           

                                  DECISION ON APPEAL                                  
               This is a decision on an appeal under 35 U.S.C. § 134 from the         
          examiner’s final rejection of claims 9 through 19.  Claims 1                
          through 3, 7 and 8, the remaining claims in the above-identified            
          application, stand withdrawn from consideration by the examiner as          
          being drawn to a non-elected invention.                                     
               At page 4 of the Brief, appellants have grouped the claims on          
          appeal as follows:                                                          
          Group I - Claims 9, 11 and 13 through 16; and                               
          Group II - Claims 10, 12 and 17 through 19.                                 







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