Ex Parte Polonsky 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                                  for publication and is not binding precedent of the Board.                         

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                    __________                                                       
                              BEFORE THE BOARD OF PATENT APPEALS                                                     
                                            AND INTERFERENCES                                                        
                                                    __________                                                       
                             Ex parte KENNETH S. POLONSKY, YUKIO HORIKAWA,                                           
                                         NAOHISA ODA, NANCY J. COX,                                                  
                                        KENICHI OTANI, CRAIG L. HANIS,                                               
                               GRAEME I. BELL, SEAMUS KEVIN SREENAN, and                                             
                                                 YUN-PING ZHOU                                                       
                                                    __________                                                       
                                              Appeal No.  2005-0258                                                  
                                            Application No.  09/768,877                                              
                                                    __________                                                       
                                                    ON BRIEF1                                                        
                                                    __________                                                       
                 Before ELLIS, ADAMS, and GREEN Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                 


                                              DECISION ON APPEAL                                                     
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                              
                 examiner’s final rejection of claims 18-21, 49-51, 53-64, 115 and 116.  Of the                      
                 remaining pending claims, claims 65-113 have been withdrawn from                                    
                 consideration, and claims 52 and 114 stand objected as depending from a                             
                 rejected claim.2                                                                                    

                                                                                                                     
                 1 Appellants waived their request for oral hearing.  Paper received February 23, 2005.              
                 Accordingly, we considered this appeal on Brief.                                                    
                 2 The objection to claims 52 and 114 is the subject matter of a petition and is not properly before 
                 us on appeal.  Accordingly, we have not considered claims 52 and 114 in our deliberations.          





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