Appeal No. 1998-1374 Application No. 08/466,562 earlier filed application. Appellants request at page 2 of their main brief that the appeal from the earlier application and this application be combined before the Board because the applications "claim similar subject matter, and the prior art issues are the same." Nevertheless, the appeal in appellants' earlier filed application was decided in a decision mailed on September 28, 1998 (Paper Number 18). Therein, the Board affirmed the rejection of claims 11 through 20 under 35 U.S.C. § 103 over the disclosure of Nakatani relied on herein by the examiner to reject claims 1 through 10 and 21 through 25. In their decision in said earlier filed application, the Board "was constrained to reverse the examiner's rejection as to claims 26-30 (claim 29 stands or falls with claim 26)." See page 6 of Paper Number 18 of said earlier filed application. In response to the Board's decision, appellants canceled claims 11 through 20 and claims 26 through 30 were allowed and the application issued as U.S. Patent Number 5,925,443 on July 20, 1999. The subject matter in the earlier filed application was directed to multilayered ceramic packages comprising a substrate and the copper-based paste herein claimed. It is 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007