Ex parte TOSIHIRO FUSAYASU et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
               This opinion (1) was not written for publication and                   
               (2) is not binding precedent of the Board.                             
                                                               Paper No. 31           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
             Ex parte TOSIHIRO FUSAYASU, KENJI KAGATA, HIROTUGU YAMADA,               
                ISAO KITAMURA, MASANOBU KOHARA, and MITSUYUKI TAKADA                  
                                    ____________                                      
                                 Appeal No. 96-2821                                   
                               Application 08/015,007                                 
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before STONER, Chief Administrative Patent Judge, and FLEMING and           
          TORCZON, Administrative Patent Judges.                                      
          TORCZON, Administrative Patent Judge.                                       
                       FINDINGS OF FACT AND CONCLUSIONS OF LAW                        
                                  FINDINGS OF FACT                                    
               We have reviewed the record in its entirety in light of the            
          arguments of Applicants and the examiner.  Our decision presumes            
          familiarity with the entire record.  A preponderance of the                 
          evidence of record supports each of the following fact findings.            
          A.   The nature of the case                                                 
               1.   Applicants appeal under 35 U.S.C.  134 from the final            
          rejection of claim 5.  (Paper 22.)  Claims 1-4 and 6-13 have been           
          canceled.  (Paper 16 at 1.)                                                 







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