Ex Parte NISHIYAMA et al - Page 3



                   Appeal No. 2002-2151                                                                                                                                   
                   Application No. 09/342,234                                                                                                                             

                   Rather than reiterate the examiner's 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. 5, mailed March 9,                                                                                         
                   2001) and the examiner's answer (Paper No. 12, mailed March 28,                                                                                        
                   2002) for the reasoning in support of the rejection, and to                                                                                            
                   appellants' brief (Paper No. 10, filed January 4, 2002) and reply                                                                                      
                   brief (Paper No. 13, filed May 28, 2002) 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 references, 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                                                                                         
                   above-noted obviousness rejection will not be sustained.  Our                                                                                          
                   reasons follow.                                                                                                                                        

                   As highlighted by appellants in their brief and reply brief,                                                                                           
                   the central point of disagreement between appellants and the                                                                                           
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