Ex Parte Yamanaka - 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                      written for publication and is not binding precedent of the Board.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 MASAHIRO YAMANAKA                                                  
                                                ____________                                                    
                                            Appeal No. 2006-2322                                                
                                         Application No. 10/676,417                                             
                                           Technology Center 3600                                               
                                                ____________                                                    
                                                  ON BRIEF                                                      
                                                ____________                                                    
             Before OWENS, NAPPI and HORNER, Administrative Patent Judges.                                      
             HORNER, Administrative Patent Judge.                                                               


                                          DECISION ON APPEAL                                                    
                   This is a decision on appeal under 35 U.S.C. § 134(a) from the examiner's                    
             final rejection of claims 35, 36, and 38-56.  Claim 37 is objected to as being                     
             dependent upon a rejected base claim, but is indicated as being allowable if                       
             rewritten in independent form.  Claims 1-34 have been canceled.                                    
                   We reverse the rejections and remand the application to the examiner for                     
             further consideration of the claims pursuant to 37 C.F.R. § 41.50(a)(1).                           





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