Ex parte KYUSHIMA et al. - Page 3




                 Appeal No. 96-1765                                                                                                                     
                 Application No. 08/078,630                                                                                                             


                 Iwasawa et al. (Iwasawa ‘991)                                           5,151,991                           Sep.                       
                 29, 1992                                                                                                                               

                          Claims 1 through 8 stand rejected under 35 U.S.C. § 103                                                                       
                 as unpatentable over Iwasawa ‘991 in view of Iwasawa ‘606.2                                                                            
                          Reference is made to the brief and answer for the                                                                             
                 respective positions of appellants and the examiner.                                                                                   


                                                                     OPINION                                                                            
                          At the outset, we note that, in accordance with                                                                               
                 appellants’ grouping of the claims at page 6 of the brief, all                                                                         
                 claims will stand or fall together.                                                                                                    
                          We have carefully reviewed the record before us,                                                                              
                 including, inter alia, the arguments of appellants and the                                                                             
                 examiner and the evidence provided by the applied references.                                                                          
                 As a result of such a review, we have concluded that we will                                                                           
                 not sustain the rejection of claims 1 through 8 under 35                                                                               
                 U.S.C. § 103 because, in our view, the examiner has failed to                                                                          
                 establish a prima facie case of obviousness with regard to the                                                                         
                 instant claimed subject matter.                                                                                                        

                          2Rejections under 35 U.S.C. § 112 have been withdrawn by                                                                      
                 the examiner and are not before us on appeal.                                                                                          
                                                                           3                                                                            





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