Ex parte AKASAKA 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                                   (2) is not binding precedent of the Board.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. 19                                 

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         

                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                            AND INTERFERENCES                                                                           
                                                                _______________                                                                         

                                                      Ex parte NOBUHIRO AKASAKA,                                                                        
                                                TATSUYA KAKUTA, KOHEI KOBAYASHI,                                                                        
                                                YAUSO MATSUDA and SHIGERU TOMITA                                                                        
                                                                 ______________                                                                         

                                                               Appeal No. 95-2773                                                                       
                                                              Application 07/937,9531                                                                   
                                                                _______________                                                                         

                                                            HEARD: January 11, 1999                                                                     
                                                                _______________                                                                         

                 Before JOHN D. SMITH, PAK and WARREN, Administrative Patent Judges.                                                                    

                 WARREN, Administrative Patent Judge.                                                                                                   
                                                        Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                   
                 claims 1 through 5, which are all of the claims in the application.2                                                                   
                          We have carefully considered the record before us, and based thereon, find that we cannot                                     
                 sustain any of the grounds of rejection of all of the appealed claims under 35 U.S.C. § 112, first                                     
                 paragraph, written description and enablement, and second paragraph, and under 35 U.S.C. § 103 as                                      
                                                                                                                                                       
                 1  Application for patent filed September 1, 1992.                                                                                     
                 2  See specification, page 9, and the amendment of December 16, 1993 (Paper No. 7).                                                    

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