Ex parte KYUSHIMA et al. - Page 5




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


          including at least a continuous array in memory.  The examiner              
          has pointed to nothing which persuades us that the references               
          do, in fact, suggest these claim limitations.                               
               As far as the examiner’s reliance on the Inoue reference               
          (U.S. Patent No. 5,274,812) is concerned, if this reference is              
          being relied on for justification of the rejection of the                   
          claims, there is no reason for not including the reference in               
          the statement of the rejection.  See In re Hoch, 428 F.2d                   
          1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).                          
          Accordingly, we have not considered this reference in                       
          rendering our decision.                                                     


















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