Ex Parte TANAKA - Page 3




          Appeal No. 2002-2100                                                        
          Application No. 09/042,334                                                  


               Claims 1, 2, 6, 8, 10, and 11, all of the appealed claims,             
          stand finally rejected under 35 U.S.C. § 102(e) as being                    
          anticipated by Wilkes.                                                      
               Rather than reiterate the arguments of Appellant 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 rejection advanced by the Examiner and the evidence of                  
          anticipation relied upon by the Examiner as support for the                 
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, Appellant’s arguments              
          set forth in the Briefs along with the Examiner’s rationale in              
          support of the rejection and arguments in rebuttal set forth in             
          the Examiner’s Answer.                                                      
              It is our view, after consideration of the record before us,           
          that the Wilkes reference does not fully meet the invention as              
          set forth in claims 1, 2, 6, 8, 10, and 11.  Accordingly, we                
          reverse.                                                                    

               1 The Appeal Brief was filed February 14, 2002 (Paper No. 24).  In     
          response to the Examiner’s Answer dated April 9, 2002 (Paper No. 25), a Reply
          Brief was filed July 16, 2002 (Paper No. 28), which was acknowledged and    
          entered by the Examiner as indicated in the communication dated August 14,  
          2002 (Paper No. 29).                                                        
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