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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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 Claims 18, 19, 29-31, 33 and 39 stand withdrawn from further2 1Appellant's requested oral hearing, scheduled for December 9, 1999, was waived (Paper No. 36, received November 12, 1999 by facsimile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).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007