Ex Parte HIROOKA 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                                                is not binding precedent of the Board.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. 28                   

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                        ____________                                                         
                                     BEFORE THE BOARD OF PATENT APPEALS                                                      
                                                 AND INTERFERENCES                                                           
                                                        ____________                                                         
                             Ex parte TAISUKE HIROOKA and HIDETAKA SAKUMICHI                                                 
                                                        ____________                                                         
                                                   Appeal No. 2003-0907                                                      
                                                 Application No. 09/337,278                                                  
                                                        ____________                                                         
                                                 HEARD August 21, 2003                                                       
                                                        ____________                                                         

                   Before KIMLIN, JEFFREY T. SMITH and POTEATE, Administrative Patent                                        
                   Judges.                                                                                                   
                   JEFFREY T. SMITH, Administrative Patent Judge.                                                            

                                                 DECISION ON APPEAL                                                          
                          Applicants appeal  the decision of the Primary Examiner finally rejecting                          
                   claims 1, 3, 5, 7, 9 and 10.1,2  We have jurisdiction under 35 U.S.C. § 134.                              

                          1  According to Appellants, claims 11 to 19 have been withdrawn from consideration.                
                   (Brief, p. 1).                                                                                            
                          2  According to the Examiner, claim 8 has been canceled by Appellants in the response              
                   filed with the Brief.  (Answer, p. 16).                                                                   





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