Ex parte YANO

Board of Patent Appeals and Interferences

Feb 12, 2001

08308426 (B.P.A.I. Feb. 12, 2001)

The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte YUKIO YANO
____________
Appeal No. 1998-1098
Application No. 08/308,426
____________
ON BRIEF
____________
Before HAIRSTON, FLEMING, and BARRY, Administrative Patent
Judges.
BARRY, Administrative Patent Judge.
SUPPLEMENTAL DECISION ON APPEAL
This is a supplemental decision on appeal under 35 U.S.C.
§ 134 from the rejection of claims 1-12 and 14-34. On
September 12, 2000, we issued a decision affirming the
rejection of claims 20-34 under 35 U.S.C. § 112, ¶ 1, and
reversing the rejections of claims 1-12 and 14-19 under 35
U.S.C. § 103 as obvious over AAPA and of claims 20-34 under §
103 as obvious over AAPA in view of Fox.
Appeal No. 1998-1098
Application No. 08/308,426
The decision also remanded the instant application to the
examiner to reassess the patentability of each claim in view
of the combined teachings of the appellant’s admitted prior
art, U.S. Patent No. 4,439,694 to Fox, and Uyemura,
Fundamentals of MOS Digital Integrated Circuits 35 (1988).
Responsive to the remand, the examiner issued a paper, which
is attached. Nothing explained therein alters our
aforementioned affirmance and reversal.
CONCLUSION
In summary, the rejection of claims 20-34 under 35 U.S.C.
§ 112, ¶ 1 remains affirmed. The rejections of claims 1-12
and 14-19 under 35 U.S.C. § 103 as obvious over AAPA and of
claims 20-34 under § 103 as obvious over AAPA in view of Fox,
however, remain reversed.
This supplemental decision does not change the provisions
of 37 C.F.R. § 1.197(b) regarding a request for rehearing. No
time period for taking any subsequent action in connection
with this appeal may be extended under 37 C.F.R. § 1.136(a).
Appeal No. 1998-1098
Application No. 08/308,426
AFFIRMED-IN-PART
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
LANCE LEONARD BARRY )
Administrative Patent Judge )
Appeal No. 1998-1098
Application No. 08/308,426
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