The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. Paper No. 25 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte MIGAKU SUZUKI and HIROAKI FUKUI ____________ Appeal No. 2000-0117 Application No. 08/770,676 ____________ ON BRIEF ____________ Before COHEN, FRANKFORT and NASE, Administrative Patent Judges. FRANKFORT, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the examiner's final rejection of claims 1 through 12. The ground of rejection set forth in the final rejection of claim 3 (Paper No. 8, mailed January 23, 1998) was not repeated in the examiner's answer, therefore, we assume that the rejection of claim 3 has been withdrawn by the examiner.1 1 Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007