Ex Parte MIYAKE 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                   written for publication and is not binding precedent of the Board.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. 18                         
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                            _______________                                                 
                              BEFORE THE BOARD OF PATENT APPEALS                                            
                                         AND INTERFERENCES                                                  
                                            _______________                                                 
                                 Ex Parte RYO MIYAKE, AKIRA KOIDE,                                          
                                 TAKEO TAKAGI, TAKAO TERAYAMA,                                              
                             YASUSHI NOMURA and HIROSHI MITSUMAKI                                           
                                            _______________                                                 
                                          Appeal No. 2002-0230                                              
                                          Application 09/136,070                                            
                                            _______________                                                 
                                        HEARD: January 16, 2003                                             
                                            _______________                                                 
             Before  GARRIS, OWENS and JEFFREY T. SMITH, Administrative Patent Judge.                       
             JEFFREY T. SMITH, Administrative Patent Judge.                                                 
                                 Decision on appeal under 35 U.S.C. § 134                                   
                   Applicants appeal the decision of the Primary Examiner’s refusal to allow                
             claims 1, 7, 15 to 20.1, 2  We have jurisdiction under 35 U.S.C. § 134.                        



                   1  The claims on appeal are presented as amended in the after final response filed November 2,
             2000.  The Examiner has entered the amendment to the claims in the record.  (Paper no. 7).     
                   2  According to Appellants, Brief, page 2, pending claims 2 to 6, 8 to 14 and 21 to 25 have been
             withdrawn from consideration by the Examiner as being directed to a non elected invention.     





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