Ex Parte SUDO - 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                    for publication and is not binding precedent of the Board.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. 24         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                      ____________                                      
                           BEFORE THE BOARD OF PATENT APPEALS                           
                                    AND INTERFERENCES                                   
                                      ____________                                      
                                 Ex parte FUMIHIKO SUDO                                 
                                      ____________                                      
                                  Appeal No. 2002-1427                                  
                               Application No. 08/667,4591                              
                                      ____________                                      
                                  HEARD: MARCH 5, 2003                                  
                                      ____________                                      
          Before FLEMING, LEVY, and SAADAT, Administrative Patent Judges.               
          SAADAT, Administrative Patent Judge.                                          



                                   DECISION ON APPEAL                                   
               This is a decision on appeal from the Examiner’s final                   
          rejection of claims 1, 2, 6 and 8.  Claims 4 and 7 have been                  
          cancelled and claims 3 and 5 have been indicated as allowable by              
          the Examiner.2                                                                
               We reverse.                                                              


               1  Application for patent filed June 21, 1996, which claims the foreign  
          filing priority benefit under 35 U.S.C. § 119 of the Japanese Application No. 
          07-157817, filed June 23, 1995.                                               
               2  The rejection of claims 3 and 5, as indicated in the final Office     
          action (Paper no. 12, mailed July 7, 1999), was withdrawn in the answer (page 
          2).                                                                           





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