Ex parte NISHIYAMA - Page 5




                      Appeal No. 1999-1091                                                                                                                
                      Application No. 08/273,790                                                                                                          


                      Patent Appeals and Interferences, unless good cause is shown.”  Inasmuch as                                                         
                      appellant has not argued the inadequacies of the rejection as framed by the                                                         
                      examiner, any arguments that appellant could have presented are deemed to be                                                        
                      waived.  Thus, the obviousness rejection of claims 1 to 14 is sustained.                                                            
                                                                     DECISION                                                                             
                               The decision of the examiner rejecting claims 1 to 14 under 35 U.S.C.                                                      
                      § 103(a) is affirmed.                                                                                                               
                               No time period for taking any subsequent action in connection with this                                                    
                      appeal may be extended under 37 C.F.R. § 1.136(a).                                                                                  
                                                                     AFFIRMED                                                                             



                                        KENNETH W. HAIRSTON                           )                                                                   
                                        Administrative Patent Judge                   )                                                                   
                                                                                      )                                                                   
                                                                                      )                                                                   
                                                                                      )   BOARD OF PATENT                                                 
                                        JOSEPH L. DIXON                               )      APPEALS AND                                                  
                                        Administrative Patent Judge                   )    INTERFERENCES                                                  
                                                                                      )                                                                   
                                                                                      )                                                                   
                                                                                      )                                                                   
                                        ANITA PELLMAN GROSS                           )                                                                   
                                        Administrative Patent Judge                   )                                                                   

                      kwh/vsh                                                                                                                             


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