Ex Parte Yoshida - 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          not written for publication and is not binding precedent of the             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. 29                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte SUGURU YOSHIDA                                
                                     __________                                       
                                Appeal No. 2004-0332                                  
                             Application No. 09/725,447                               
                                     ___________                                      
                                 HEARD: May 18, 2004                                  
                                     ___________                                      
          Before COHEN, ABRAMS, and MCQUADE, Administrative Patent Judges.            
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Suguru Yoshida originally took this appeal from the final              
          rejection (Paper No. 12) of claims 1, 3, 6 through 8 and 10                 
          through 13.  Subsequent to final rejection, the appellant amended           
          claims 1 and 10 through 12 and submitted new claim 14 (see Paper            
          No. 14) which the examiner initially indicated to be allowed (see           
          Paper No. 16).  Upon consideration of the appellant’s main brief            
          (Paper No. 19), the examiner issued an Office action (Paper No.             
          20) reopening prosecution and rejecting new claim 14 along with             
          claims 1, 3, 6 through 8 and 10 through 13.  Pursuant to 37 CFR             
          § 1.193(b)(2)(ii), the appellant then filed a supplemental brief            
          and a request that the appeal be reinstated (Paper No. 21).                 



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