Ex Parte KUBO - 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                         not binding precedent of the Board                           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 MASAHIRO KUBO                                
                                     ______________                                   
                                   Appeal No. 2004-0316                               
                              Application 09/136,619                                  
                                    _______________                                   
                              ON BRIEF                                                
                                    _______________                                   
          Before THOMAS, DIXON and GROSS, Administrative Patent Judges.               
          THOMAS, Administrative Patent Judge.                                        

                                                                                     
                                   DECISION ON APPEAL                                 
               Appellant has appealed to the Board from the examiner's                
          final rejection of claims 1, 3, 10-12, 16-18 and 22-28.                     
          Representative claim 1 is reproduced below:                                 
               1.  A recording medium with an index print wherein, in a               
          recording medium in the form of a disk having a digital data                
          recording surface on which a plurality of digital image data can            
          be recorded, thumbnail images, forming the index print,                     



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