Ex parte NOGUCHI - 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                                           (2) is not binding precedent of the Board.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. 31                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                              _______________                                                                                          

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                        AND INTERFERENCES                                                                                              
                                                                              _______________                                                                                          

                                                                        Ex parte KOJI NOGUCHI                                                                                          
                                                                              ______________                                                                                           

                                                                           Appeal No. 1997-0008                                                                                        
                                                                          Application 08/347,190                                                                                       
                                                                              _______________                                                                                          

                                                                       HEARD: February 22, 2000                                                                                        
                                                                              _______________                                                                                          

                     Before KIMLIN, WARREN and LIEBERMAN, 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 refusing to allow                                                            
                     claims 7 and 8 as amended subsequent to the final rejection,  which are all of the claims in the1                                                                           
                     application.                                                                                                                                                      
                                We have carefully considered the record before us, and based thereon, find that we cannot                                                              
                     sustain the ground of rejection under 35 U.S.C. § 112, first paragraph.  The basis for the rejection is                                                           



                     1Amendment of December 19, 1995 (Paper No. 16). See also the amendment of November 21,                                                                            
                     1994 (Paper No. 12).                                                                                                                                              
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