Ex Parte HOLTON 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                                   for publication and is not binding precedent of the Board.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. 25                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                    __________                                                          
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                    __________                                                          
                                 Ex parte ROBERT A. HOLTON, SEOKCHAN KIM,                                               
                                                 and YUKIO SUZUKI                                                       
                                                    __________                                                          
                                                Appeal No. 2001-1240                                                    
                                             Application No. 08/374,520                                                 
                                                    __________                                                          
                                                      ON BRIEF                                                          
                                                    __________                                                          
                 Before WINTERS, WILLIAM F. SMITH, and GRIMES, Administrative Patent                                    
                 Judges.                                                                                                
                 GRIMES, Administrative Patent Judge.                                                                   

                                               DECISION ON APPEAL                                                       
                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                          
                 final rejection of claims 29-56, all of the claims remaining.  Claims 29 and 45 are                    
                 representative and are reproduced in an appendix to this opinion.                                      
                        The examiner relies on the following references:                                                
                 Holton et al.                     5,399,726                   Mar. 21, 1995                          
                 Holton et al.                     5,587,489                   Dec. 24, 1996                          
                        Claims 29-44 stand rejected under 35 U.S.C. § 101 as claiming the same                          
                 invention as that of claims 1-13 of U.S. Patent 5,399,726.                                             







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