Ex Parte Saitou 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                          for publication and is not binding precedent of the Board.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 TAKUYA SAITOU and SHIGERU TAKEZAWA                                                   
                                                    Appeal No. 2006-2424                                                       
                                                 Application No. 10/318,196                                                    
                                                      _______________                                                          
                                                         ON BRIEF                                                              
                                                      _______________                                                          

                  Before THOMAS, HAIRSTON, and JERRY SMITH, Administrative Patent Judges.                                      
                  JERRY SMITH, Administrative Patent Judge.                                                                    

                                                                                                                              
                  This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s rejection                         
                  of claims 2-10, which constitute all the claims in the application.  Since appellants do not                 
                  appeal the rejection of claim 10, this appeal is directed to the rejection of claims 2-9.  The               
                  examiner has withdrawn the rejection of claims 2-9 under 35 U.S.C. § 102(b) as being                         
                  anticipated by the disclosure of Kobayashi (U.S. Patent No. 5,902,244) [answer, page                         
                  10].  The withdrawal of the rejection based on Kobayashi means that there is no rejection                    
                  pending against claim 5.                                                                                     
                  The disclosed invention pertains to a waveform measuring instrument configured to                            
                  write measured signal waveforms into a memory after converting the waveforms to                              
                  digital data.                                                                                                
                  Representative claim 2 is reproduced as follows:                                                             
                  2. A waveform measuring instrument configured to write measured signal                                       
                  waveforms into a memory after converting the waveforms to digital data, wherein an                           





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