THIS OPINION WAS NOT WRITTEN FOR PUBLICATION This opinion (1) was not written for publication and (2) is not binding precedent of the Board.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.)Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007