The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 31 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte ATSUHIRO TODO, KAORI OKADA, TOSHIHIRO SEKIGUCHI and KAZUO HIROTA ______________ Appeal No. 2003-1969 Application 09/690,731 _______________ HEARD: January 8, 2004 _______________ Before WARREN, WALTZ and DELMENDO, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal and Opinion We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the opposing views of the examiner, in the answer, and appellants, in the brief and reply brief, and based on our review, find that we cannot sustain the rejections of appealed claims 4 through 7,1 all of the claims in the application, under 35 U.S.C. § 103(a) as being unpatentable over Kondo et al. (Kondo) in view of Kato, Smith et al., Hu, Miller et al. (Miller) or Van Rheenen et al.2 1 See the appendix to the brief (Paper No. 22). 2 Answer, pages 4-5. - 1 -Page: 1 2 3 4 5 6 NextLast modified: November 3, 2007