Ex parte AIBE - 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                         journal and (2) is not binding precedent of the Board.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. 51                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                      Ex parte TOSHIO AIBE                                                                    
                                                             ____________                                                                     
                                                        Appeal No. 96-3841                                                                    
                                                Application No. 08/093,6641                                                                   
                                                             ____________                                                                     
                                                   HEARD: February 5, 1998                                                                    
                                                             ____________                                                                     
                Before CALVERT, ABRAMS, and NASE, Administrative Patent Judges.                                                               
                NASE, Administrative Patent Judge.                                                                                            


                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the examiner's final                                                               
                rejection of claims 1, 2, 5 to 9, 13, 16, 17, 23, 25 and 26.                                        2                         
                Claims 3, 4, 18 to 22, 24, 27 and 28 have been withdrawn from                                                                 
                consideration under 37 CFR § 1.142(b) as being drawn to a                                                                     
                nonelected invention.  Claims 10 to 12, 14 and 15 have been                                                                   
                canceled.                                                                                                                     



                         1Application for patent filed July 20, 1993.  According to                                                           
                the appellant, the application is a continuation of Application                                                               
                No. 07/793,107, filed November 15, 1991, now abandoned.                                                                       
                         2Claim 26 was amended subsequent to the final rejection.                                                             




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