Ex parte HIRAI - 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                                           (2) is not binding precedent of the Board.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. 22                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                              _______________                                                                                          

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                         AND INTERFERENCES                                                                                             
                                                                              _______________                                                                                          

                                                                         Ex parte KAZUO HIRAI                                                                                          
                                                                              ______________                                                                                           

                                                                            Appeal No. 96-0071                                                                                         
                                                                         Application 08/306,4371                                                                                       
                                                                              _______________                                                                                          

                                                                                   ON BRIEF                                                                                            
                                                                              _______________                                                                                          

                     Before GARRIS, WARREN and KRATZ, 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 13 through 31.2                                                                                                                                            
                                We have carefully considered the record before us, and based thereon, find that we cannot                                                              


                     1Application for patent filed September 12, 1994. According to appellant, this application is a                                                                   
                     continuation of application 08/064,554 (‘554 application), filed May 21, 1993, now abandoned, which                                                               
                     application is a continuation-in-part of application 07/943,420, filed September 14, 1992, now                                                                    
                     abandoned.                                                                                                                                                        
                     2Amendment of January 10, 1994 in the ‘554 application (Paper No. 6); amendment of September                                                                      
                     12, 1994 (Paper No. 12)..                                                                                                                                         
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