Ex Parte SHIMODA 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 28                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                                  Ex parte KOUHEI SHIMODA,                                                            
                                        KAZUYA KAMITAKE, HIROHIKO NAKATA,                                                             
                                    KAZUTAKA SASAKI and MASUHIRO NATSUHARA                                                            
                                                         ______________                                                               
                                                      Appeal No. 2002-2080                                                            
                                                      Application 9/358,484                                                           
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, MOORE and POTEATE, Administrative Patent Judges.                                                        
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 21 through 30 and 32-39.  In the amendment filed in response to the final                             
               rejection on December 14, 2001 (Paper No. 19), entered by the examiner in the advisory action of                       
               January 3, 2002 (Paper No. 20), appellants amended claims 25 and 29, and canceled claims 26,                           
               27, 33, 38 and 39. These latter claims were included by the examiner in the listing of canceled                        
               claims in his letter of August 7, 2002 (Paper No. 26).  Appellants further withdrew the appeal                         
               with respect to claims 36 and 37 in the reply brief.  Thus, the appeal is dismissed with respect to                    
               claims 36 and 37.                                                                                                      



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