Ex Parte Nishimura - 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                                   for publication and is not binding precedent of the Board.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. 26             

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                   ____________                                                     
                                   BEFORE THE BOARD OF PATENT APPEALS                                               
                                               AND INTERFERENCES                                                    
                                                   ____________                                                     
                                           Ex parte YASUSHI NISHIMURA                                               
                                                   ____________                                                     
                                                Appeal No. 2004-2330                                                
                                             Application No. 09/986,977                                             
                                                   ____________                                                     
                                              HEARD: MARCH 9, 2005                                                  
                                                   ____________                                                     
             Before MCQUADE, NASE and BAHR, Administrative Patent Judges.                                           
             BAHR, Administrative Patent Judge.                                                                     



                                               DECISION ON APPEAL                                                   
                    Appellant originally appealed the examiner’s rejection of claims 15-20.  On page                
             2 of the answer (Paper No. 18), the examiner withdrew the rejection of claim 20, which                 
             appellant subsequently amended to place it in independent form (see Paper Nos. 19                      
             and 22).  Accordingly, claim 20 now stands allowed and this appeal involves only claims                
             15-19.  No other claims are pending.                                                                   
                    We REVERSE.                                                                                     








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