Ex parte KIM - Page 2




                     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               (2) is not binding precedent of the Board.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. 43           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                     ____________                                       
                          BEFORE THE BOARD OF PATENT APPEALS                            
                                   AND INTERFERENCES                                    
                                     ____________                                       
                                 Ex parte KI-YONG KIM                                   
                                     ____________                                       
                                  Appeal No. 96-3211                                    
                                Application 07/928,717                                  
                                     ____________                                       
                                       ON BRIEF1                                        
                                     ____________                                       
          Before BARRETT, 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 Applicant 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.              






               1    Counsel for Applicant failed to appear for the hearing              
          scheduled for 9 a.m. on 5 August 1997.  Cf. Paper 42 entitled                 
          "Transmittal of Confirmation of Oral Hearing Attendance".                     





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