Ex parte SHIROCHI - 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                                         publication and is not binding precedent of the Board.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. 45                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                                                Ex parte YOSHIKI SHIROCHI                                                                                              
                                                                             _____________                                                                                             
                                                                     Appeal No. 1999-1657                                                                                              
                                                               Application No. 08/877,781                                                                                              
                                                                            ______________                                                                                             
                                                                    HEARD: March 15, 2001                                                                                              
                                                                           _______________                                                                                             

                     Before BARRETT, FLEMING and LALL, Administrative Patent Judges                                                                                                    
                     LALL, Administrative Patent Judge.                                                                                                                                

                                                                        DECISION ON APPEAL                                                                                             
                                This is a decision on appeal under 35 U.S.C. § 134 from                                                                                                
                     the Examiner's final rejection  of claims 1 to 3, 5, 7 to 9,     1                                                                                                

                     11, and 13 to 17.                                                                                                                                                 



                                1The last amendment after the final rejection was filed as paper no. 32                                                                                
                     and was entered into the record, paper no. 34.  Claim 18 has been cancelled as                                                                                    
                     per this amendment.  Claims 4, 6, 10 and 12 have been indicated as containing                                                                                     
                     allowable matter as per the examiner’s answer, page 2.  Also, the examiner                                                                                        
                     indicated the withdrawal of the rejections under 35 U.S.C. § 112, 2  paragraph                                        nd                                          
                     on page 2 of the answer, thereby leaving only the rejection of the above cited                                                                                    
                     claims under 35 U.S.C. § 103 for the purposes of appeal.                                                                                                          
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