Ex Parte UDAYAKUMAR et al - Page 1


                     The opinion in support of the decision being entered today was                          
                     not written for publication and is not precedent of the Board.                          
                                                                                                            
                                                                           Paper No. 13                      
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                     
                                                ____________                                                 
                                   BEFORE THE BOARD OF PATENT APPEALS                                        
                                             AND INTERFERENCES                                               
                                                ____________                                                 

                            Ex parte K. R. UDAYAKUMAR, HOWARD R. BERATAN,                                    
                                           and CHARLES M. HANSON                                             
                                                                                                            
                                                ____________                                                 
                                            Appeal No. 2002-1205                                             
                                        Application No. 09/422,380                                           
                                                ____________                                                 
                                                   ON BRIEF                                                  
                                                ____________                                                 

             Before OWENS, WALTZ and PAWLIKOWSKI, Administrative Patent Judges.                              
             PAWLIKOWSKI, Administrative Patent Judge.                                                       

                                         DECISION ON APPEAL                                                  

                   This is a decision on appeal under 35 U.S.C. § 134 from the                               
             examiner’s final rejection of claims 1-7, which are all of the claims                           
             pending in this application.  A copy of each of these claims is set                             
             forth in the attached Appendix.                                                                 
             Claims 2-5 and 7 stand rejected under 35 U.S.C. § 112, second                                   
             paragraph, as being indefinite.                                                                 
                   Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as being                              
             unpatentable over Yamanaka in view of Akashi.                                                   
                   Claim 6 stands objected to as being dependent upon a rejected                             
             base claim, but would be allowable if rewritten in independent form                             
             including all of the limitations of the base claim and any                                      
             intervening claim.  Answer, page 2.                                                             








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