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is not binding precedent of the Board.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. 25
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte TAKEO KITAYAMA, KAORI TSUBOUCHI,
SHIGEYOSHI MATSUBARA, and TATSUHIRO NAGAMATSU
____________
Appeal No. 2004-0018
Application No. 09/220,018
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ON BRIEF
____________
Before OWENS, KRATZ, and TIMM, Administrative Patent Judges.
TIMM, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims 1-4, 6-8, and 13 as amended after the Final Rejection.1 The
only other claims pending in the application, claims 10-12, have been withdrawn by the
Examiner as directed to a non-elected invention. We have jurisdiction over the appeal pursuant
to 35 U.S.C. § 134.
1We note that the Amendment under 37 CFR § 1.116 filed May 29, 2001 has not been physically entered
even though the Advisory Action mailed June 8, 2001 indicates that the Amendment is to be entered upon the filing
of a Notice of Appeal. We will treat the Amendment as entered. Upon return of the application to the jurisdiction of
the Examiner, entry should be performed.
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