Ex Parte TAKANO - 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                     publication and is not binding precedent of the Board.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. 21         
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                                Ex parte TADASHI TAKANO                               
                                     ____________                                     
                                 Appeal No. 2002-0816                                 
                              Application No. 09/442,895                              
                                     ____________                                     
                               HEARD: February 13, 2003                               
                                     ____________                                     
          Before BARRETT, FLEMING, and LEVY, Administrative Patent Judges.            
          LEVY, 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 1-3 and 5-17 1, which are all          
          of the claims pending in this application.                                  
                                     BACKGROUND                                       
               Appellants' invention relates to a rotary position sensor              
          for a brushless DC motor (specification, page 2).  An                       






               1 In response to an amendment (Paper No. 10, filed May 7, 2001)        
          submitted subsequent to the final rejection, the examiner  (Paper No. 11,   
          mailed July 27, 2001) stated that the amendment would be entered for purposes
          of appeal.  However, the amendment has not been physically entered into the 
          record.  We consider this to be a formalilty that can be addressed by the   
          examiner subsequent to the appeal.                                          





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