Ex Parte SULLIVAN et al - Page 3



         Appeal No. 2002-0109                                                       
         Application No. 09/110,221                                                 
         Claims 1 through 13 and 17 through 20 stand rejected under                 
         35 U.S.C. § 103(a) as being unpatentable over Matsuki.                     

         Rather than reiterate the examiner's full statement of the                 
         above-noted rejection and the conflicting viewpoints advanced by           
         the examiner and appellants regarding the rejection, we make               
         reference to the final rejection (Paper No. 10, mailed April 4,            
         2000) and the examiner's answer (Paper No. 21, mailed May 2,               
         2001) for the examiner's reasoning in support of the rejection,            
         and to appellants’ brief (Paper No. 20, filed February 14, 2001)           
         and reply brief (Paper No. 22, filed July 2, 2001) for the                 
         arguments thereagainst.                                                    

                                      OPINION                                       

         In reaching our decision in this appeal, we have given                     
         careful consideration to appellants’ specification and claims, to          
         the applied prior art Matsuki reference, and to the respective             
         positions articulated by appellants and the examiner.  As a                
         consequence of our review, we have made the determination that             
         the examiner’s rejection will not be sustained.  Our reasons               
         follow.                                                                    

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