Ex parte FUKUMOTO 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                 today was not written for publication and is not                                
                 binding precedent of the Board.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. 31                       

                         UNITED STATES PATENT AND TRADEMARK OFFICE                               
                                       ________________                                          
                             BEFORE THE BOARD OF PATENT APPEALS                                  
                                      AND INTERFERENCES                                          
                                       ________________                                          
                        Ex parte MASAAKI FUKUMOTO, AKIRA HIRAIWA,                                
                            TADASU UCHIYAMA and NOBORU SONEHARA                                  
                                       ________________                                          
                                     Appeal No. 1999-0424                                        
                                   Application 08/298,552                                        
                                       ________________                                          
                                           ON BRIEF                                              
                                       ________________                                          
           Before JERRY SMITH, LALL and DIXON, Administrative Patent                             
           Judges.                                                                               
           JERRY SMITH, Administrative Patent Judge.                                             


                                      DECISION ON APPEAL                                         
                                                                                                
           This is a decision on the appeal under 35 U.S.C. § 134                                
           from the examiner’s rejection of claims 2, 3, 8, 9, 11-17, 21,                        
           23, 24, 26, 30 and 32.  Pending claims 4 and 7 have been                              
           indicated to contain allowable subject matter.  Claims 1, 5,                          

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