Ex parte OGAWA et al. - Page 1

                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                          
             The opinion in support of the decision being entered today                   
          (1) was not written for publication in a law journal and                        
          (2) is not binding precedent of the Board.                                      
                                                               Paper No. 24               
                      UNITED STATES PATENT AND TRADEMARK OFFICE                           
                          BEFORE THE BOARD OF PATENT APPEALS                              
                                   AND INTERFERENCES                                      
                                Ex parte KAZUFUMI OGAWA                                   
                                   and TADASHI OHTAKE                                     
                                   Appeal No. 95-1628                                     
                                Application 08/067,7501                                   
                                HEARD: OCTOBER 15, 1997                                   
          Before KIMLIN, WARREN and OWENS, Administrative Patent Judges.                  
          WARREN, Administrative Patent Judge.                                            
                                   Decision on Appeal                                     
               This is an appeal under 35 U.S.C.  134 from the decision                  
          of the examiner finally rejecting claims 1 through 7.  Claims                   
          8 through 16 are also of record and have been withdrawn from                    
          consideration by the examiner as directed to a nonelected                       
          invention.  Claim 1 is illustrative of the claims on appeal:                    
               1.  A foamed plastic containing cells, comprising a                        
          foaming monomer having a conjugate unsaturated carbon group in                  
          the cells, wherein the foaming monomer is reacted to form an                    
          oligomer having more than a dimer, or to form a polymer.                        

          1  Application for patent filed May 26, 1993.                                   

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