Appeal No. 1998-0156
Application 08/385,511
The Examiner relies on the following references:
Heinz et al. (Heinz) 4,353,098 Oct. 5, 1982
Yanagida et al. (Yanagida) 4,530,015 July 16, 1985
Yoshimura et al. (Yoshimura) 5,012,352 Apr. 30, 1991
Claims 1, 2, 5, 7, 8, 10 and 14 stand rejected under 35 U.S.C. § 102 as being
anticipated by Yoshimura. Claims 3, 6 and 13 stand rejected under 35 U.S.C. § 103 over
Yoshimura and Heinz, while claim 9 stands rejected over Yoshimura and Yanagida.
Rather than repeat the positions and the arguments of Appellant and the Examiner, we
make reference to the briefs and the answer for their respective positions.
A reply brief was filed on July 7, 1997 as Paper No. 22 which was entered into the record
(Paper No. 23). Note also that a corrected brief was filed as Paper No. 26. However, the
corrected brief seems to be a reproduction of the principal brief (Paper No. 20) but takes into
account the cancellation of claims 11 and 12. The Examiner's answer (Paper No. 21) is a
response to the principal brief (Paper No. 20). Therefore, we consider for our decision the
principal brief (Paper No. 20) and the Examiner's answer which is a response to that brief.
OPINION
We have considered the rejections advanced by the Examiner. We have likewise,
reviewed Appellant's arguments against the rejections as set forth in the briefs.
It is our view, after consideration of the record before us, that the rejections under
35 U.S.C. § 102 and under 35 U.S.C. § 103 are not proper. Accordingly, we reverse.
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