Ex Parte YU - 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 27                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                      Ex parte CONRAD YU                                                              
                                                         ______________                                                               
                                                      Appeal No. 2002-1768                                                            
                                                      Application 08/846,196                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, WALTZ and LIEBERMAN, Administrative Patent Judges.                                                      
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief, and based on our                       
               review, find that we cannot sustain the rejection of appealed claims 1 through 10, 12 through 20                       
               and 22 through 26,1 all of the claims in the application, under 35 U.S.C. § 103(a) as being                            
               unpatentable over Ohki et al., Cook et al. and Gotoh et al. (Gotoh).2                                                  
                       We find that, when considered in light of the written description in the specification as                      
               interpreted by one of ordinary skill in this art, see, e.g., In re Hyatt, 211 F.3d 1367, 1372, 54                      
               USPQ2d 1664, 1667 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023,                              

                                                                                                                                     
               1  See the amendments of September 27, 1999 (Paper No. 7).                                                             
               2  Answer, pages 3-6.                                                                                                  

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