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for publication and is not binding precedent of the Board.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. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte FUMIHIKO SUDO
____________
Appeal No. 2002-1427
Application No. 08/667,4591
____________
HEARD: MARCH 5, 2003
____________
Before FLEMING, LEVY, and SAADAT, Administrative Patent Judges.
SAADAT, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the Examiner’s final
rejection of claims 1, 2, 6 and 8. Claims 4 and 7 have been
cancelled and claims 3 and 5 have been indicated as allowable by
the Examiner.2
We reverse.
1 Application for patent filed June 21, 1996, which claims the foreign
filing priority benefit under 35 U.S.C. § 119 of the Japanese Application No.
07-157817, filed June 23, 1995.
2 The rejection of claims 3 and 5, as indicated in the final Office
action (Paper no. 12, mailed July 7, 1999), was withdrawn in the answer (page
2).
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