Ex parte LIPPA et al. - Page 4
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Appeal No. 1998-0659
Application No. 08/264,527
Claim 1 is rejected under 35 U.S.C. § 102(a) as being 1
anticipated by Matsushima.
Claims 10 and 11 are rejected under 35 U.S.C. § 103 as
being unpatentable over Matsushima in view of the well-known
prior art.
Claims 12-15 are rejected under 35 U.S.C. § 103 as being
unpatentable over Matsushima in view of Shannon.
Rather than repeat the arguments of Appellants and the
2 3
Examiner, we make reference to the brief, reply brief,
1 The Examiner originally rejected this claim under 35
U.S.C. § 102(e). In his Supplemental Examiner's Answer the
Examiner corrected the basis for this rejection to be 35
U.S.C. § 102(a). As Appellants addressed this rejection in
their Appeal Brief as based upon 35 U.S.C. § 102(a), and as it
is clear that 35 U.S.C. § 102(e) cannot apply to the
Matsushima journal publication, this rejection is considered
as made under 35 U.S.C. § 102(a).
2 Appellants filed a brief on October 7, 1996.
3 Appellants filed a reply brief on December 9, 1996.
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