Ex parte GARRO 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                                    was not written for publication and is not binding precedent of                                           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. 28                              

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                            _______________                                                                   

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                        AND INTERFERENCES                                                                     
                                                            _______________                                                                   

                                                      Ex parte LUCIANO GARRO                                                                  
                                                       and ENZO FALZOLGHER                                                                    
                                                             ______________                                                                   

                                                          Appeal No. 1997-4457                                                                
                                                          Application 08/250,617                                                              
                                                            _______________                                                                   

                                                       HEARD:  October 24, 2001                                                               
                                                            _______________                                                                   

                Before WARREN, LIEBERMAN and PAWLIKOWSKI, Administrative Patent Judges.                                                       

                WARREN, Administrative Patent Judge.                                                                                          
                                                    Decision on Appeal and Opinion                                                            
                         We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the                          
                opposing views of the examiner set forth in the answer and supplemental answer, and of appellants, set                        
                forth in the brief and reply brief, and based on our review, find that we cannot sustain either of the                        
                rejections of appealed claims 12 through 16,1 all of the claims in the application, under 35 U.S.C. § 103                     
                as being unpatentable over Muraoka et al. (Muraoka) combined with Nakamura et al. (Nakamura),                                 
                Saitoh and Davis et al. (Davis ‘770), and over                                                                                


                                                                                                                                              
                1  See specification, page 14.                                                                                                

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