In Re Hiroki Sato and Yoshiki Seto, 5 F.3d 1503 (Fed. Cir. 1993)

Hiroki Sato and Yoshiki Seto appeal from the July 29, 1992 decision of the Board of Patent Appeals and Interferences, appeal No. 91-2557, as supplemented on reconsideration on September 25, 1992. The Board affirmed the examiner's rejection of claim 9 of their patent application, No. 516,319 (a division of application No. 262,733 filed October 12, 1988) for obviousness under 35 U.S.C. § 103 (1988). Finding no error in the Board's decision, this court affirms for the reasons therein stated.

This court notes that the Board did not consider the August 31, 1992 Declaration submitted by appellants in connection with their request for reconsideration. Appellants would thus have the option to submit this evidence in the prosecution of any new application covering the same subject matter.