Appeal No. 2001-0555
Application No. 09/026,093
Liu and Hunter
The Examiner adds the teaching of Hunter to Liu for
rejecting claim 4 at pages 4 and 5 of the Examiners’s answer.
However, since Hunter does not cure the deficiency of Liu noted
above, we cannot sustain the obviousness rejection of claim 4
over Liu and Hunter.
Liu and Yoshitomi
The teaching of Yoshitomi disclosing the recited length of
the gate in claim 5 is added to Liu for the rejection of claim 5.
However, we agree with Appellants that Yoshitomi does not cure
the deficiency of Liu, and furthermore there is no suggestion or
motivation provided by either Liu or Yoshitomi to make the
combination. Therefore, the rejection of claim 5 over Liu and
Yoshitomi is also not sustainable.
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