Ex parte YANO et al. - Page 1





              The opinion in support of the decision being entered today was not written for publication in                 
                                 a law journal and is not binding precedent of the Board.                                   


                                                                                       Paper No. 20                         


                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                       __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                      
                                                 AND INTERFERENCES                                                          
                                                       __________                                                           
                                                 Ex parte SHINJI YANO,                                                      
                                                   TAKASHI KOMORI,                                                          
                                                   SHINJI ISHIKAWA,                                                         
                                                   KATSUMI KITA, and                                                        
                                                   TAKASHI MIZOOU                                                           
                                                       __________                                                           
                                                 Appeal No. 1998-2543                                                       
                                                 Application 08/606,838                                                     
                                                       __________                                                           
                                                 HEARD:  April 3, 2001                                                      
                                                       __________                                                           
              Before WINTERS, SCHEINER, and GRIMES, Administrative Patent Judges.                                           
              WINTERS, Administrative Patent Judge.                                                                         
                                                 DECISION ON APPEAL                                                         
                     This appeal was taken from the examiner’s decision rejecting claims 3, 6 through 8,                    
              and 12 through 24.  Claims 9 through 11, which are the only other claims remaining in the                     
              application, stand withdrawn from further consideration by the examiner as directed to a                      
              non-elected invention.                                                                                        


                     The invention relates to phosphoric triesters having the formula (I):                                  





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