Ex parte ASANO 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          not binding precedent of the Board.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. 40              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                       Ex parte KENICHI ASANO and RYUTA SUZUKI                        
                                Appeal No. 1996-2197                                  
                               Application 08/150,548                                 
                                      ON BRIEF1                                       
          Before JERRY SMITH, DIXON and FRAHM, Administrative Patent                  
          FRAHM, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               Appellants have appealed to the Board from the examiner’s              
          final rejection of claims 5 to 12, which constitute all of the              
          claims pending on appeal.  Claims 1 to 4 stand withdrawn as                 

               Oral Hearing was scheduled for the instant appeal in this case for February 9, 2000.  After submitting1                                                                     
          confirmation in writing on January 13, 2000, that appellants’ representative would attend appellants’ representative
          failed to attend Oral Hearing.  Accordingly, Oral Hearing in this case has been waived, and the case will be decided
          on brief.                                                                   

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