Ex parte NISHIBORI 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          not written for publication and is not binding precedent of                 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. 43              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                      Ex parte SADAO NISHIBORI and YUZO ITAKURA                       
                                     __________                                       
                                Appeal No. 1998-1390                                  
                                Application 08/607,441                                
                                     ___________                                      
                                HEARD: March 13, 2001                                 
                                     ___________                                      

          Before JOHN D. SMITH, KRATZ, and TIMM, Administrative Patent                
          Judges.                                                                     
          JOHN D. SMITH, Administrative Patent Judge.                                 

                                 DECISION ON APPEAL                                   
               This is an appeal pursuant to 35 U.S.C. § 134 from the                 
          final rejection of claims 31-69.                                            
               Claim 31 is representative and is reproduced below:                    
               31. Wood meal comprising:                                              
                    a)   wood meal granules formed by crushing raw                    
          material wood into treated wood meal and pulverizing the                    
          treated wood meal under the frictional forces of a plurality                
          of balls such that the resulting wood meal granules have                    
                                          1                                           





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