Ex Parte Ise - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 22           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                               Ex parte HIROTOSHI ISE                                 
                                                                                     
                                Appeal No. 2004-0630                                  
                             Application No. 09/755,177                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before GARRIS, OWENS and DELMENDO, Administrative Patent Judges.            
          GARRIS, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 7-12.1           
          The other claims pending in the application, which are claims 1-6           


               1 On page 2 of the Brief, the appellant states that "[a]n              
          Amendment is filed concurrently with this Appeal Brief to correct           
          a typographical error in claim 11 to correct dependency."  The              
          file record for this application does not contain the afore-                
          mentioned amendment.  However, this circumstance need not delay             
          or otherwise impede our disposition of the subject appeal since             
          the issues before us as framed by the appellant and the examiner            
          are unaffected by the dependency of claim 11.  Nevertheless, in             
          any further prosecution that may occur, the appellant and the               
          examiner may wish to address and resolve the circumstance                   
          involving this amendment.                                                   
                                         -1-                                          




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