Ex Parte Sekiya et al - Page 1



            The opinion in support of the decision being entered today was not written                          
                   for publication and isnot binding precedent of the Board.                            

                   UNITED STATES PATENT AND TRADEMARK OFFICE                                        
                                   ____________                                                     
                       BEFORE THE BOARD OF PATENT APPEALS                                           
                                 AND INTERFERENCES                                                  
                                    ____________                                                    
           Ex parte SINNOSUKE SEKIYA, SETSUO YAMAMOTO, YUTAKA KOMA, MASASHI                         
                               AOKI and NAOHIRO MATSUYA                                             
                                    ____________                                                    
                                 Appeal No. 2006-1870                                               
                              Application No. 10/100,901                                            
                                Technology Center 3700                                              
                                    ____________                                                    
                                      ON BRIEF                                                      
                                    ____________                                                    
         Before OWENS, LEVY, and NAPPI, Administrative Patent Judges.                               
         LEVY, Administrative Patent Judge.                                                         


                                 DECISION ON APPEAL                                                 
              This is a decision on appeal from the examiner's final                                
         rejection of claims 1-6 and 8-10.  Claims 7 and 11-59 have been                            
         withdrawn from consideration as being drawn to non-elected                                 
         species (brief, page 1).                                                                   

              We REVERSE; and enter a New Ground of Rejection under                                 
         the provisions of 37 CFR § 41.50(b).                                                       














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