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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 13 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte CHARLES G. MIYADA, ARTHUR C. SWITCHENKO, MELANIE W. QUONG and MAN-YING L. WONG __________ Appeal No. 1997-3378 Application 08/487,946 __________ ON BRIEF __________ Before WILLIAM F. SMITH, SCHEINER, and MILLS, Administrative Patent Judges. MILLS, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. §134 from the examiner's final 1 rejection of claims 5-9, 40 [sic 39], 41 and 42. Claims 41 and 42 have been withdrawn from consideration by the examiner in Paper No. 7, mailed July 11, 1996. 1The final rejection rejects claims 5-9, 40, however, appellants point out that claim 40 was canceled at the time of filing of the present application and believe that the rejection is applied to claim 39 instead of claim 40. Appeal Brief, page 2. See also Paper No. 4, page 2, referencing claim 39. 1Page: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007