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Ex Parte Yamazaki et al - Page 1Legal Research Home > Board of Patent Appeals and Interferences > 2005 > Ex Parte Yamazaki et al - Page 1 Sponsored Links
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today was not written for publication and is not binding
precedent of the Board.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
_______________
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1 Claims 7 through 15, 20, 25, 31, 35 and 43 are also of record and have been withdrawn from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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