Ex Parte SHIMIZU 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               written for publication and is not binding precedent of the Board.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. 33           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
            Ex parte CHIZU SHIMIZU, KAZUHITO SAKAI, CHIZUO SUZUKI, KAORU              
                              KIKUCHI and KYOUKO TERADA                               
                                    ____________                                      
                                Appeal No. 1999-1625                                  
                             Application No. 08/792,468                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before KRASS, FLEMING, and DIXON, Administrative Patent Judges.             
          FLEMING, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   

               This is a decision on appeal from the final rejection of               
          claims 13 through 36, all the claims pending in the application.            
          Claims 1-12 and 371 have been cancelled.                                    
               The invention relates to a purchased commodity accommodating           
          and transporting apparatus having a self scanning function and a            

               1 We note that in Paper No. 3 filed September 11, 1995,                
          original claims 1-12 were cancelled.  Further, the Examiner’s               
          final rejection dated January 9, 1998, Paper No. 27, also                   
          includes a rejection for claim 37.  However, in an after final              
          amendment dated May 14, 1998, Paper No. 21, which was entered in            
          response to Appellants filing of the Notice of Appeal and appeal            
          brief, claim 37 was cancelled.                                              




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