Ex Parte KONISHI - 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          not written for publication and is not binding precedent of the             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 OSAMU KONISHI                                 
                                     __________                                       
                                Appeal No. 2004-0370                                  
                               Application 09/083,086                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before OWENS, DELMENDO and PAWLIKOWSKI, Administrative Patent               
          Judges.                                                                     
          OWENS, Administrative Patent Judge.                                         


                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 12-21.1              


               1 Claim 6 is not before us on appeal, but is still pending.            
          In the amendment filed August 30, 2000 (paper no. 12, page 1) the           
          appellant stated that “[c]laims 1 to 4 and 6 to 11 remain in this           
          application.”  In the next amendment (filed February 21, 2001,              
          paper no. 15) the appellant stated: “Cancel claims 1 to 4 and 7             
          to 11" (page 1).  Claim 6 was not canceled.  However, in that               
          same amendment the appellant stated that “[c]laims 12 to 21 are             
          now in this application.”  This statement indicates that the                
          appellant intended to cancel claim 6.  In the event of further              
          prosecution, claim 6 should be canceled.                                    
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