Ex Parte NAGAOKA - 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          not written for publication and is not binding precedent of the             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. 27                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte TOSHIMASA NAGAOKA                               
                                     __________                                       
                                Appeal No. 2003-0037                                  
                               Application 08/924,681                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, MCQUADE, and BAHR, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Toshimasa Nagaoka originally took this appeal from the final           
          rejection (Paper No. 9) of claims 1 through 14 and 16 through 22,           
          all of the claims pending in the application.  Upon consideration           
          of the appellant’s main brief (Paper No. 18), the examiner issued           
          an Office action (Paper No. 19) reopening prosecution and                   
          entering new superseding rejections of claims 1 through 14 and 16           
          through 22.  Pursuant to 37 CFR § 1.193(b)(2)(ii), the appellant            
          then filed a supplemental brief (Paper No. 20) and requested that           
          the appeal be reinstated.  Implicitly granting the request, the             








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