Ex Parte Miyamoto 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                  written for publication and is not binding precedent of the Board.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 TAKASHI MIYAMOTO and ARITO ASAI                                                    
                                                       __________                                                            
                                               Appeal No. 2006-2742                                                          
                                           Application No. 10/115,138                                                        
                                                      ___________                                                            
                                                         ON BRIEF1                                                           
                                                      ___________                                                            
              Before THOMAS, RUGGIERO, and SAADAT, Administrative Patent                                                     
              Judges.                                                                                                        
              SAADAT, 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 1-10.  The Examiner=s                                                 
              designation of claims 2 and 3 as objected to for being dependent                                               
              upon a rejected base claim, but otherwise allowable if rewritten                                               



                                                                                                                            
                      1 An October 17, 2006 oral hearing was deemed moot in view of the                                      
              decision of this panel not to sustain the rejections under appeal.                                             
              Appellants= representative was informed via a telephonic communication on                                      
              October 12, 2006.                                                                                              





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