The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 KAZUAKI WATANABE, SHINICHI KATO and BUNJI ISHIMOTO ____________ Appeal No. 2005-1629 Application No. 10/001,256 ____________ HEARD: MARCH 23, 2006 ____________ Before WARREN, WALTZ, and FRANKLIN, Administrative Patent Judges. WALTZ, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the primary examiner’s refusal to allow claims 1, 3 and 8 through 10, as amended subsequent to the final rejection (see the amendment dated May 10, 2004, entered as per the Advisory Action dated June 1, 2004, where the examiner states that the final rejection under 35 U.S.C. § 112, ¶2, has been overcome by this amendment). Claims 4 and 5 are the only other claims pending in this application, and stand objected to as depending on a rejected 1Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007