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today was not written for publication and is not binding
precedent of the Board.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 SHUNPEI YAMAZAKI
and SETSUO NAKAJIMA
______________
Appeal No. 2005-2004
Application 09/760,499
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HEARD: October 19, 2005
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Before GARRIS, WARREN and WALTZ, 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, and based
on our review, find that we cannot sustain the rejection of appealed claims 1 through 6,
16 through 19, 21 through 24, 26 through 30, 32 through 34 and 36 through 42 under 35 U.S.C.
§ 103(a) as being unpatentable over Yamazaki et al. (Yamazaki ‘138) in view of the admitted
prior art (specification, page 1, ll. 15 through 25, and page 2, ll. 1-6) and Yamazaki et al.
(Yamazaki ‘456) (answer, pages 3-10).1,2
1 Claims 7 through 15, 20, 25, 31, 35 and 43 are also of record and have been withdrawn from
consideration by the examiner under 37 CFR § 1.142(b). Claims 1 through 43 are all of the
claims in the application. See below note 3 with respect to the copy of the appealed claims in the
appendix to the brief.
2 We have not considered US 2003/0217805, published November 27, 2003, relied on by
appellants (brief, page 6, text and n. 1; reply brief, page 2) and by the examiner (answer, pages
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