Ex Parte Lu et al - 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          not written for publication and is not binding precedent of the             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. 12              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                      Ex parte JIONG-PING LU and CHANGMING JIN                        
                                     __________                                       
                                Appeal No. 2004-0681                                  
                             Application No. 09/899,743                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       

          Before GARRIS, MOORE, and POTEATE, Administrative Patent Judges.            
          GARRIS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 6 and            
          7.  In this regard, we observe that the appellants have not                 
          pursued an appeal of the examiner’s final rejection of claims 2             
          and 3 (e.g., see page 2 of the brief) and that claims 4 and 5               
          have been allowed by the examiner (e.g., see page 3 of the final            



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