Ex Parte LEE 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                   today was not written for publication and is not                                            
                   binding precedent of the Board.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. 20                            

                            UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                             ________________                                                  
                                 BEFORE THE BOARD OF PATENT APPEALS                                            
                                            AND INTERFERENCES                                                  
                                             ________________                                                  
                          Ex parte WEI WILLIAM LEE, RICHARD SCOTT LIST                                         
                                            and CHANGMING JIN                                                  
                                             ________________                                                  
                                          Appeal No. 2003-0270                                                 
                                         Application 09/087,234                                                
                                             ________________                                                  
                                                  ON BRIEF                                                     
                                             ________________                                                  
             Before OWENS, WALTZ and KRATZ, Administrative Patent Judges.                                      
             OWENS, Administrative Patent Judge.                                                               

                                           DECISION ON APPEAL                                                  
                   This appeal is from the final rejection of claims 1 and 4-9.                                
             Claims 2 and 3 stand objected to as being dependent upon a                                        
             rejected base claim but allowable if rewritten in independent                                     
             form.  The appellants state in the brief (page 2) that they do                                    
             not contest the rejection of claims 1 and 7 as being anticipated                                  
             by Kondo.  The appeal, therefore, is dismissed as to claims 1                                     
             and 7.  The examiner states in the answer (page 2) that the                                       

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