Ex Parte ITO et al - Page 4




          Appeal No. 2002-1056                                                        
          Application No. 08/772,888                                                  


          respect to claims 19 and 30, and Birk in view of Sarbadhikari               
          with respect to claim 37.                                                   
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs1 and Answer for the               
          respective details.                                                         
                                       OPINION                                        
               We have carefully considered the subject matter on appeal,             
          the rejections advanced by the Examiner, and the evidence of                
          anticipation and obviousness relied upon by the Examiner as                 
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, Appellants’             
          arguments set forth in the Briefs along with the Examiner’s                 
          rationale in support of the rejections and arguments in rebuttal            
          set forth in the Examiner’s Answer.                                         
               It is our view, after consideration of the record before us,           
          that the Birk reference does not fully meet the invention as set            
          forth in claims 1-3, 5-10, 12, 14, 16-18, 22-25, 27-29, 33, 35,             
          and 36.  With respect to the Examiner’s obviousness rejection, we           



               1 The Appeal Brief was filed August 14, 2000 (Paper no. 25).  In       
          response to the Examiner’s Answer dated October 25, 2000 (Paper No. 26), a  
          Reply Brief was filed December 28, 2000 (Paper No. 27), which was acknowledged
          and entered by the Examiner as indicated in the communication dated March 14,
          2001 (Paper No. 28).                                                        
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