Ex Parte TAKEGAMI et al - 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                       for publication and is not binding precedent of the Board.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. 40             
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                   
                                             ____________                                               
                                BEFORE THE BOARD OF PATENT APPEALS                                      
                                          AND INTERFERENCES                                             
                                             ____________                                               
                          Ex parte MASAKI TAKEGAMI, KIMIAKI NAKAMURA,                                   
                                 TADASHI SAKURAI, and TEIJI UMENO                                       
                                             ____________                                               
                                        Appeal No. 1997-4188                                            
                                     Application No. 08/373,528                                         
                                             ____________                                               
                                       HEARD: OCTOBER 24, 2001                                          
                                             ____________                                               
            Before COHEN, NASE, and BAHR, Administrative Patent Judges.                                 
            COHEN, Administrative Patent Judge.                                                         


                                          DECISION ON APPEAL                                            


                  This is an appeal from the final rejection of claims 1, 3,                            
            5 through 7, 10 through 15, and 17 through 20 (Paper No. 24).                               
            According to the final rejection (Paper No. 19), claims 21                                  
            through 25, 27, and 28 stand allowed.  In a main answer (Paper                              
            No. 26), the examiner (1) points out that claim 28 was                                      
            inadvertently grouped in the final rejection with allowed claims,                           
            and introduces a new ground of rejection and (2) notes that                                 
            appellants have withdrawn the appeal as to claims 17 through 20.                            
            In light of the above, we have before us claims 1, 3, 5 through                             






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