Ex Parte Yano 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                       publication and is not binding precedent of the Board.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 SHIGERU YANO,                                                        
                                       MINDIAW WANG and                                                           
                                        TAROH ICHIKAWA                                                            
                                          ____________                                                            
                                     Appeal No. 2006-1673                                                         
                                  Application No. 09/913,725                                                      
                                          ____________                                                            
                                  HEARD: September 14, 2005                                                       
                                          ____________                                                            
           Before KIMLIN, KRATZ and JEFFREY T. SMITH, Administrative Patent                                       
           Judges.                                                                                                
           KRATZ, Administrative Patent Judge.                                                                    
                                     DECISION ON APPEAL                                                           
                This is a decision on appeal from the examiner's final                                            
           rejection of claims 1, 2, and 5-7.  Claims 8 and 9, which are the                                      
           only other claims that remain pending in this application, are                                         
           withdrawn from further consideration by the examiner as drawn to                                       
           a non-elected invention.  We have jurisdiction pursuant to      35 U.S.C. § 134.                       
                                          BACKGROUND                                                              
                Appellants' invention relates to a molded porous film that                                        
           is made using a composition including: (1) 45-75 weight percent                                        
           of a polyolefin-containing resin that comprises 70-98 weight                                           
           percent linear low density polyethylene and 2-30 weight percent                                        












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