Ex parte KIHARA et al. - Page 4




                Appeal No. 1998-2147                                                                                                       
                Application No. 08/247,356                                                                                                 


                          Claims 28, 29 and 37 are rejected as unpatentable under 35 U.S.C. § 112,                                         

                 second paragraph.  (Examiner’s Answer, page 5).1                                                                          

                          Claims 28, 29, 36 and 37 are rejected as unpatentable under 35 U.S.C. § 112,                                     

                 first paragraph.  (Examiner’s Answer, page 4).                                                                            

                          Claims 29, 36 and 37 are rejected as unpatentable under 35 U.S.C. § 102(b) as                                    

                 anticipated by or, in the alternative, under 35 U.S.C. § 103(a) over Crivello.                                            

                 (Examiner’s Answer, page 6).                                                                                              

                          Claims 29, 36 and 37 are rejected as unpatentable under 35 U.S.C. § 102(e) as                                    

                 anticipated by or, in the alternative, under 35 U.S.C. § 103(a) over Nguyen-Kim.                                          

                 (Examiner’s Answer, page 9).                                                                                              

                          Claims 29, 36 and 37 are rejected as unpatentable under 35 U.S.C.                                                

                 § 102(e) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) over                                          

                 Elsaesser.  (Examiner’s Answer, page 11).                                                                                 

                          Claim 28 is rejected as unpatentable under 35 U.S.C. § 103(a) over Crivello,                                     

                 Nguyen-Kim, or Elsaesser in view of Uenishi ‘389 or Uenishi’ 582.  (Examiner’s                                            

                 Answer, page 14).                                                                                                         


                          1  The final rejection of claim 35 under 35 U.S.C. § 112, second paragraph, appears to be in                     
                 error because claim 35 was canceled by Appellants in the amendment submitted June 25, 1997, paper                         
                 no. 26.                                                                                                                   
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