Appeal No. 2001-0046
Application 08/971,014
The Examiner relies on the following references in rejecting
the claims:
Takaishi 5,801,079 Sep. 1, 1998
(effectively filed Jul. 28, 1995)
Sekiguchi et al. (Sekiguchi) 5,933,724 Aug. 3, 1999
(filed Aug. 26, 1996)
Claims 1-16 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Sekiguchi and Takaishi.
We note that claim 8 was also rejected under the second
paragraph of 35 U.S.C. § 112 as set forth in the final rejection
(Paper No. 7, mailed January 6, 2000), which was neither included
nor argued in the answer.2 Since this other ground of rejection
was not included in the Examiner’s answer, we assume that this
ground of rejection has been withdrawn by the Examiner.3 See Ex
parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).
Rather than reiterate the viewpoints of the Examiner and
Appellant regarding the above-noted rejections, we make reference
to the answer (Paper No. 10, mailed July 14, 2000) for the
2 The Examiner also indicates that Appellant’s arguments in the brief
have overcome the 35 U.S.C. § 112, first paragraph rejection of claim 1
(answer, page 3).
3 The appropriate correction should also be made with respect to claim
8, as reflected in the copy of the appealed claims contained in the Appendix
to the brief.
3
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