Ex parte KOBAYASHI - Page 1

                          THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                
                       This decision is not binding precedent of the Board.           

                                                               Paper No. 20           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                              Ex parte MIKIYA KOBAYASHI                               
                                    ____________                                      
                                 Appeal No. 96-3603                                   
                             Application No. 08/243,8391                              
                                    ____________                                      
                                    ON REHEARING                                      
                                    ____________                                      
          Before THOMAS, JERRY SMITH, and TORCZON, Administrative Patent              
          Judges.                                                                     
          TORCZON, Administrative Patent Judge.                                       
                          DECISION ON REQUEST FOR REHEARING                           
               Appellant's request on rehearing for withdrawal (Paper                 
          No. 19 at 2) of our prior decision on appeal (Paper No. 18) is              
          denied.                                                                     
                                     BACKGROUND                                       
               Appellant discloses a semiconductor device using fuses or              
          diodes to protect the remaining circuitry from electrostatic                
          damage.  (Paper No. 1 at 2-3 and 5-6.)  In the decision under               
          rehearing, we reversed two rejections based on our finding                  
          that a resistor would not meet the claim requirement for an                 
          "opening structure".  We affirmed, however, the rejection of                

               1    Attorney docket no. P94,0978.                                     





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