Ex Parte Ochi et al - Page 4

         Appeal No. 2006-1495                                                     
         Application No. 09/875,369                                               

                                    CONCLUSION                                    
              Accordingly, it is                                                  
              ORDERED that the appeal filed on April 16, 2004 is hereby           
         dismissed.                                                               
              The application is being returned to the examiner for               
         further action as may be appropriate.                                    


                        MICHAEL R. FLEMING, Chief    )                            
                        Administrative Patent Judge  )                            
                                                     )                            
                                                     )                            
                                                     )                            
                                                     )                            
                        GARY V. HARKCOM, Vice Chief  ) BOARD OF PATENT            
                        Administrative Patent Judge  )   APPEALS AND              
                                                     )  INTERFERENCES             
                                                     )                            
                                                     )                            
                                                     )                            
                        ERIC B. GRIMES               )                            
                        Administrative Patent Judge  )                            
         MRF:clm                                                                  




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