Ex parte KISHI et al. - Page 4




                 Appeal No. 95-4187                                                                                                                     
                 Application 07/835,374                                                                                                                 



                                   Rather than repeat the arguments of Appellants or                                                                    
                 the Examiner, we make reference to the briefs  and the answer                    2                                                     
                 for the respective details thereof.                                                                                                    


                                                                     OPINION                                                                            
                                   After a careful review of the evidence before us, we                                                                 
                 agree with the Examiner that claims 1, 3 through 6 and 8, 11,                                                                          
                 14 and 22 are anticipated under 35 U.S.C. § 102 by Tsuruta.                                                                            





                 However, we do not agree with the Examiner that claims 7,                                                                              
                 15 through 17 and 23 through 25 are properly rejected under                                                                            
                 35 U.S.C. § 102.                                                                                                                       




                          2Appellants filed an appeal brief on April 25, 1995.  We                                                                      
                 will refer to this appeal brief as simply the brief.                                                                                   
                 Appellants filed a reply appeal brief on September 11, 1995.                                                                           
                 We will refer to this reply appeal brief as the reply brief.                                                                           
                 The Examiner stated in the Examiner’s letter mailed October                                                                            
                 23, 1995 that the reply brief has been noted and the                                                                                   
                 Examiner's position is unchanged. Therefore, the reply brief                                                                           
                 has been entered and considered by the Examiner.                                                                                       
                                                                           4                                                                            





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