Ex Parte SATO - 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                         written for publication and is not binding precedent of the Board.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. 27                                   


                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                               

                                                       _______________                                                                 

                                     BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                   AND INTERFERENCES                                                                   
                                                       _______________                                                                 

                                                   Ex Parte HIROSHI SATO                                                               
                                                       _______________                                                                 

                                                     Appeal No. 2003-0332                                                              
                                                     Application 09/057,383                                                            
                                                       _______________                                                                 

                                                            ON BRIEF                                                                   
                                                       _______________                                                                 

                Before  GARRIS, OWENS and JEFFREY T. SMITH, Administrative Patent Judge.                                               

                JEFFREY T. SMITH, Administrative Patent Judge.                                                                         

                                                    DECISION ON APPEAL                                                                 

                        Applicant appeals the decision of the Primary Examiner’s refusal to allow                                      

                claims  1 to 4, 9 to 11, 16, 17, 19 and 21.1, 2  We have jurisdiction under 35 U.S.C.                                  

                § 134.                                                                                                                 

                         1  In rendering our decision, we have considered Appellant’s arguments presented in the                       
                 Brief, filed April 11, 2002 and the Reply Brief, filed October 21, 2002.  We have considered the                      
                 Examiner’s position presented in the Answer, mailed August 23, 2002.                                                  
                         2  The Examiner has indicated that claims 6, 13, 14 and 22 to 28 contain allowable subject                    
                 matter.  Claim 14 has been objected to as being dependent upon a rejected base claim.  The                            
                 Amendment filed April 11, 2002 has been entered.  (Answer, p. 2).                                                     





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