Ex Parte Zen - 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                          for publication and is not binding precedent of the Board.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 SHIGEKAZU ZEN                                                
                                                 __________                                                    
                                           Appeal No. 2007-0180                                                
                                         Application No. 10/663,843                                            
                                                 __________                                                    
                                                 ON BRIEF                                                      
                                                 __________                                                    
             Before SCHEINER, GREEN, and LEBOVITZ, Administrative Patent Judges.                               
             LEBOVITZ, Administrative Patent Judge.                                                            

                                          DECISION ON APPEAL                                                   
                   This appeal involves claims to a pesticidal emulsifiable concentrate.  The                  
             Examiner has rejected the claims as obvious. We have jurisdiction under 35 U.S.C.                 
             § 134.  We affirm.                                                                                
                                                DISCUSSION                                                     
                   Claims 1 and 4-10, which are all the pending claims in the instant                          
             application, are on appeal and stand rejected under 35 U.S.C. § 103.  Br. 4.  The                 
             patentability of the claims has been argued as a group.  We select claim 1 as                     
             representative of the claims for the purpose of deciding this appeal.  See 37 C.F.R.              
             § 41.37(c)(1)(vii).                                                                               




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