Ex Parte Murayama - 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                                        today was not written for publication and is not binding                                                          
                                        precedent of the Board.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. 26                                  
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                 _______________                                                                          
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                             AND INTERFERENCES                                                                            
                                                                 _______________                                                                          
                                                        Ex parte TAKEMI MURAYAMA                                                                          
                                                                  ______________                                                                          
                                                               Appeal No. 2003-1757                                                                       
                                                               Application 10/003,202                                                                     
                                                                 _______________                                                                          
                                                                      ON BRIEF                                                                            
                                                                 _______________                                                                          
                  Before WARREN, OWENS and DELMENDO, Administrative Patent Judges.                                                                        
                  WARREN, Administrative Patent Judge.                                                                                                    
                                                         Decision on Appeal and Opinion                                                                   
                           We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                                        
                  the opposing views of the examiner, in the answer, and appellant, in the brief, and based on our                                        
                  review, find that we cannot sustain the rejection of appealed claims 7 and 8, under 35 U.S.C. §                                         
                  112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim                                   
                  the subject matter which applicant regards as the invention, and the rejection of appealed claims                                       
                  1 through 10,1 all of the claims in the application, under 35 U.S.C. § 103(a) as being unpatentable                                     
                  over Cummings in view of Takano.2                                                                                                       

                                                                                                                                                         
                  1  Appealed claims 8 and 9 stand of record as amended in the amendment of January 23, 2003                                              
                  (Paper No. 16) and appealed claims 1 through 7 and 10 are set forth in the appendix to the brief.                                       
                  2  Answer, pages 4-7.                                                                                                                   

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