The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. - 1 -Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007