Ex Parte HAYASHI - Page 1




               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               written for publication and is not binding precedent of the Board.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. 43          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte MASATAKE HAYASHI                              
                                     ____________                                     
                                 Appeal No. 1996-2437                                 
                              Application No. 08/121,255                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before HAIRSTON, LALL, and GROSS, Administrative Patent Judges.             

          GROSS, Administrative Patent Judge.                                         



                                 REQUEST FOR REHEARING                                
               In a decision dated November 8, 1999, the decision of the              
          examiner rejecting claims 1 through 12 and 18 through 20 under 35           
          U.S.C. § 103 was affirmed.                                                  
               Appellant argues (Request, page 2) that the Board                      
          misinterpreted the phrase "continuous space."  Appellant                    
          (Request, pages 2 and 3) points to portions of the specification            
          to show how "continuous space" should be interpreted.  As we                
          explained in our decision of November 8, 1999, although the                 
          claims are to be read in light of the specification, we will not            
          read limitations from the specification into the claims.  See               
          E.I. du Pont de Nemours & Co. v. Phillips Petroleum Co. , 849 F.2d          






Page:  1  2  3  4  5  Next 

Last modified: November 3, 2007