Ex parte ONO - Page 4




                 Appeal No. 96-3128                                                                                                                     
                 Application 08/246,723                                                                                                                 



                          Claims 1, 2, 4 and 14 stand rejected under 35 U.S.C. §                                                                        
                 102 as being anticipated by Peppers.  Claims 3, 5 through 13                                                                           
                 and 15 through 27 stand rejected under 35 U.S.C. § 103 as                                                                              
                 being unpatentable over Peppers in view of Paek.                                                                                       




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


                                                                     OPINION                                                                            
                          After a careful review of the evidence before us, we do                                                                       
                 not agree with the Examiner that claims 1, 2, 4 and 14 are                                                                             
                 anticipated by the applied references.                                                                                                 
                          It is axiomatic that anticipation of a claim under § 102                                                                      
                 can be found only if the prior art reference discloses every                                                                           


                          2Appellant filed an appeal brief on January 16, 1996.                                                                         
                 Appellant filed a reply appeal brief on June 17, 1996.  The                                                                            
                 Examiner responded to the reply brief with a letter, mailed                                                                            
                 July 3, 1996, stating that the reply brief has been entered                                                                            
                 and considered but no further response by the Examiner is                                                                              
                 deemed necessary.                                                                                                                      
                                                                           4                                                                            





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