The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 27 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte OSAMU KONISHI __________ Appeal No. 2004-0370 Application 09/083,086 ___________ ON BRIEF ___________ Before OWENS, DELMENDO and PAWLIKOWSKI, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL This appeal is from the final rejection of claims 12-21.1 1 Claim 6 is not before us on appeal, but is still pending. In the amendment filed August 30, 2000 (paper no. 12, page 1) the appellant stated that “[c]laims 1 to 4 and 6 to 11 remain in this application.” In the next amendment (filed February 21, 2001, paper no. 15) the appellant stated: “Cancel claims 1 to 4 and 7 to 11" (page 1). Claim 6 was not canceled. However, in that same amendment the appellant stated that “[c]laims 12 to 21 are now in this application.” This statement indicates that the appellant intended to cancel claim 6. In the event of further prosecution, claim 6 should be canceled. 1Page: 1 2 3 4 5 6 NextLast modified: November 3, 2007