Ex Parte Chung et al - 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                                   for publication and is not binding precedent of the Board.                            

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                    __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                             Ex parte CHING M. CHUNG,                                                    
                                                     LILY CHAN,                                                          
                                                       KELI OU,                                                          
                                                   SHAO-EN ONG,                                                          
                                                   TECK K. SEOW,                                                         
                                               CYNTHIA R.M.Y. LIANG                                                      
                                               MENG L. CHOONG, and                                                       
                                                       LI K. TAN                                                         
                                                     __________                                                          
                                                Appeal No.  2004-2201                                                    
                                              Application No. 09/788,476                                                 
                                                     __________                                                          
                                                      ON BRIEF1                                                          
                                                     __________                                                          
              WILLIAM F. SMITH, MILLS, and GRIMES, Administrative Patent Judges.                                         
              WILLIAM F. SMITH, Administrative Patent Judge.                                                             
                                               DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the examiner’s refusal to allow                        
              claim 1.  Claims 15-17 are stated by appellants to have been indicated allowable by the                    
              examiner.  Appeal Brief received December 10, 2003, page 2.                                                



                     1   We note that a request for oral hearing was made on pages 5-6 of the Reply                      
              Brief.  Requesting oral hearing in a Reply Brief did not comply with the then existing                     
              provisions of 37 CFR § 1.194(b)(“If appellant desires an oral hearing, appellant must                      
              file, in a separate paper, a written request for such hearing . . ..”).  In view of our                    
              disposition of the appeal, appellants’ request for oral hearing is moot.                                   





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