Ex parte IWATA 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                          not written for publication in a law journal and (2) is not                                                                   
                          binding precedent of the Board.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. 38                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                  Ex parte HIROKIMI IWATA and YOSHIKAZU ISHIMATSU                                                                       
                                                                 ____________                                                                           
                                                           Appeal No. 95-5129                                                                           
                                                    Application No. 08/177,3471                                                                         
                                                                 ____________                                                                           
                 Before McCANDLISH, Senior Administrative Patent Judge, ABRAMS                                                                          
                 and BARRETT, Administrative Patent Judges.                                                                                             
                 McCANDLISH, Senior Administrative Patent Judge.                                                                                        


                                                      ON REQUEST FOR REHEARING                                                                          
                          In light of appellants’ request filed August 14, 1998, we                                                                     
                 hereby modify our decision dated July 14, 1998 by recommending                                                                         
                 the following amendment to dependent claim 10 under 37 CFR                                                                             
                 § 1.196(c) to overcome the standing rejection under 35 U.S.C.                                                                          
                 § 112, second paragraph.                                                                                                               


                          1Application for patent filed January 4, 1994.                                                                                
                 According to appellants, this application is a continuation of                                                                         
                 Application No. 07/584,178 filed September 18, 1990, now                                                                               
                 abandoned.                                                                                                                             





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