Ex parte KIMURA 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                                      (2) is not binding precedent of the Board.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. 17                       
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                      Ex parte FUMIO KIMURA, TATSUO MIYOSHI, TAKASHI KAMIMOTO,                                         
                        YOSHIO INOKOSHI,   SEIJI KUWAHARA and HITOSHI YOSHIDA                                          
                                               Appeal No. 1998-0225                                                    
                                             Application No. 08/503,817                                                
                                                     ON BRIEF1                                                         
              Before THOMAS, KRASS and BLANKENSHIP,  Administrative Patent Judges.                                     
              KRASS, Administrative Patent Judge.                                                                      

                                              DECISION ON APPEAL                                                       

                     This is a decision on appeal from the final rejection of claims 2 and 4-14.  Claim 3              
              has been indicated by the examiner as allowable.                                                         

                     1A request for hearing was made by appellants on October 14, 1997 (Paper No. 13) and hearing      
              was set for July 10, 2000, however, the hearing was waived by apppellants in a notice filed June 2, 2000,
              (paper no. 16).                                                                                          

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