Ex parte OHIRA - Page 4




          Appeal No. 1999-0608                                       Page 4           
          Application No. 08/571,471                                                  


          Moriguchi           JP 05-043884             Jul. 2, 19934                  




               The following rejection is before us for review.                       
               Claims 1 through 3 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over appellant's APA in view of                       
          Matsumoto and Dan'hata.                                                     
               Reference is made to the brief (Paper No. 9) and reply                 
          brief (Paper No. 11) and the answer (Paper No. 10) for the                  
          respective positions of the appellant and the examiner with                 
          regard to the merits of this rejection.                                     
                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


               This is the examined Japanese patent publication mentioned on page 24                                                                     
          of the appellant's specification.  An English language translation of this  
          reference, prepared by the Patent and Trademark Office, is appended hereto. 







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