Ex parte KAWANABE - 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                     publication and is not binding precedent of the Board.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. 26                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                                              Ex parte MASATOSHI KAWANABE                                                                                              
                                                                             _____________                                                                                             
                                                                     Appeal No. 1998-1937                                                                                              
                                                               Application No. 08/518,509                                                                                              
                                                                            ______________                                                                                             
                                                                  HEARD: JANUARY 18, 2001                                                                                              
                                                                           _______________                                                                                             

                     Before CALVERT, STAAB, and NASE, Administrative Patent Judges.                                                                                                    
                     STAAB, Administrative Patent Judge.                                                                                                                               

                                                                        DECISION ON APPEAL                                                                                             
                                This is a decision on an appeal from the examiner’s                                                                                                    
                     refusal to allow claims 3 and 5 as amended by amendments filed                                                                                                    
                     subsequent to the final rejection.   Claims 2, 4, and 6, the             1                                                                                        
                     only other claims remaining in the application, have been                                                                                                         

                                1Three such amendments filed subsequent to the final                                                                                                   
                     rejection have been submitted.  The amendment filed October                                                                                                       
                     10, 1997 (Paper No. 12) has not been entered.  The amendment                                                                                                      
                     filed January 30, 1998 (Paper No. 17½) canceling finally                                                                                                          
                     rejected claim 1 and amending claims 3 and 5 has been entered.                                                                                                    
                     The amendment filed April 10, 1998 (Paper No. 21) amending                                                                                                        
                     claim 3 has also been entered.                                                                                                                                    





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