Ex parte MARUI - 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                                                                        not binding precedent of the Board.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. 37                         

                                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                              
                                                                                  ____________                                                                                         

                                                         BEFORE THE BOARD OF PATENT APPEALS                                                                                            
                                                                          AND INTERFERENCES                                                                                            
                                                                                  ____________                                                                                         

                                                                          Ex parte SHINJI MARUI                                                                                        
                                                                                  ____________                                                                                         

                                                                            Appeal No. 1997-3340                                                                                       
                                                                        Application No. 08/323,500                                                                                     
                                                                                  ____________                                                                                         

                                                                                    ON BRIEF1                                                                                          
                                                                                  ____________                                                                                         

                     Before COHEN, ABRAMS and BAHR, Administrative Patent Judges.                                                                                                      
                     BAHR, Administrative Patent Judge.                                                                                                                                




                                                                          DECISION ON APPEAL                                                                                           

                                This is a decision on appeal from the examiner's final rejection of claims 1, 3-11, 14-17,                                                             

                     20-28, 32, 34-38  and 40.  Claims 18, 19, 29-31, 33 and 39 stand withdrawn from further2                                                                                                                                        



                                1Appellant's requested oral hearing, scheduled for December 9, 1999, was waived (Paper No. 36, received                                                
                     November 12, 1999 by facsimile transmission).  Accordingly, this appeal is on brief.                                                                              
                                2Although appellant's brief (Paper No. 29, page 2) omitted claims 34-38 from the list of claims being                                                  
                     appealed, appellant's reply brief (Paper No. 31, page 5) clarifies that such omission was inadvertent and confirms                                                
                     that all standing rejections of claims 34-38 are appealed.  The inclusion of claims 34-38 in this appeal is consistent                                            
                     with the content of appellant's brief as a whole and with the Notice of Appeal (Paper No. 27).                                                                    






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