Ex Parte Mizutani - Page 1



                             The opinion in support of the decision being entered today                       
                                      is not binding precedent of the Board.                                  
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                      Ex parte MASARU MIZUTANI                                                
                                                __________                                                    
                                             Appeal 2007-2640                                                 
                                           Application 09/933,517                                             
                                          Technology Center 3600                                              
                                                __________                                                    
                                        Decided: September 13, 2007                                           
                                                __________                                                    
                Before ERIC GRIMES, LORA M. GREEN, and RICHARD M.                                             
                LEBOVITZ, Administrative Patent Judges.                                                       
                LEBOVITZ, Administrative Patent Judge.                                                        
                                          DECISION ON APPEAL                                                  
                      This is a decision on appeal from the final rejection of claims 8-29                    
                and 44.  We have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                             

                                          STATEMENT OF CASE                                                   
                      Claims 8-29 and 44, which are all the pending claims, are on appeal.                    
                The following rejections are appealed in this proceeding (Answer 3-7):                        
                      1)  Claims 8-10, 16, 18, and 44 stand rejected under 35 U.S.C. §                        
                103(a) as obvious over Meilahn (US 5,762,024, issued Jun. 9, 1998) in view                    
                of Iseki (English translation of “Effect of Artificial Upwelling on Primary                   



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