Ex parte VINCIARELLI - Page 3




                 Appeal No. 1994-3610                                                                                                               
                 Application 07/805,474                                                                                                             



                          The following references are relied on by the examiner:                                                                   

                 Wazaki                                                                                                                             
                 Japanese Kokai Patent Application No. Sho 61-35616      Published February 20, 19865                                                                  

                 Tanitsu et al.  (Tanitsu)                                                                                                          
                 Japanese Kokai Patent Application No. Hei 1-300617      Published December 5, 19896                                                                  

                          Claims 1-4, 9-13, 17-20, 23, 31, 33-34 and 37-43 stand rejected under 35 U.S.C. § 102(b)                                  

                 as being anticipated by Tanitsu.  Claims 14-16, 26-30 and 33-34 stand rejected under 35 U.S.C.  §                                  

                 103 as being unpatentable over Tanitsu.                                                                                            

                          Claims 1-4,9-20, 23, 31, 33-34, and 37-43 stand rejected under 35 U.S.C. § 102(b) as being                                
                 anticipated by Wazaki.   Claims 5-8, 21-22, 26-30 and 33-34 stand rejected under            35 U.S.C.7                                                                                                        

                 § 103 as being unpatentable over Wazaki.8                                                                                          





                          5 An English language translation of Wazaki is attached to this decision.                                                 
                          6 An English language translation of Tanitsu is attached to this decision.                                                
                          7 In the Examiner’s Answer, the examiner has incorrectly listed the claims rejected under 35                              
                 U.S.C. § 102(b) by Wazaki as claims 1-4, 9-20, 23, 31-32 and 35-40.  From reviewing the record, it                                 
                 would appear that the actual claims rejected are 1-4, 9-20, 23, 31, 33-34 and 37-43.  This latter collection                       
                 of claims is what the appellant addressed in the Appeal Brief.  Also, the appellant did not alter his position                     
                 in the later filed Reply Brief.                                                                                                    
                          8 In the Examiner’s Answer, the examiner has incorrectly listed the claims rejected under 35                              
                 U.S.C. § 103 by Wazaki as claims 5-8, 21-22, 25-30 and 33-34.  From reviewing the record, it would                                 
                 appear that the actual claims rejected are 5-8, 21-22, 26-30 and 33-34.  This latter collection of claims                          
                 is what the appellant addressed in the Appeal Brief.  Also, the appellant did not alter his position in the later                  
                 filed Reply Brief.                                                                                                                 
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