Ex parte HIEDA et al. - Page 3




          Appeal No. 96-3189                                                          
          Application 08/396,079                                                      


          application.                                                                
                               History of Prosecution                                 
               The original Application, 07/755,449 ('449 application),               
          was filed on September 5, 1991, with claims 1 through 23.                   
          There were                                                                  


          two rejections based on prior art, and two substantive                      
          amendments  and eventually a notice of allowance was mailed                 
          for claims 1 through 5 and 7 through 23 on August 26, 1993,                 
          claim 6 having been canceled.                                               
               Appellants did not pay the issue fee, and instead filed a              
          file-wrapper-continuation on November 24, 1993, Application                 
          08/158,159 ('159 application).  There was no amendment to the               
          claims, and the same claims were presented again for                        
          examination.  The Examiner, on first action, sent on April 6,               
          1994, a notice of allowance, again allowing all of the same                 
          claims allowed in the '449 application.  Again, Appellants did              
          not pay the issue fee.  They instead filed another file-                    
          wrapper-continuation Application 08/271,558 ('588 application)              
          on July 7, 1994.  Again, there was no amendment to the claims,              
          and exactly the same claims were presented for examination.                 
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