Ex Parte YOSHIHARA et al - Page 8

          Appeal No. 2004-0045                                                        
          Application No. 09/044,421                                                  

               Since all of the claim limitations are not taught or suggested         
          by the applied prior art, it is our opinion that the Examiner has           
          not established a prima facie case of obviousness with respect to           
          the claims on appeal.  Accordingly, we do not sustain the                   
          Examiner’s 35 U.S.C. § 103 rejection of independent claims 1 and 9,         
          nor of claims 2, 4-8, 10, and 12-16 dependent thereon.  Therefore,          
          the Examiner’s decision rejecting claims 1, 2, 4-10, and 12-16 is           
          reversed.                                                                   
                                     REVERSED                                         


                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOSEPH F. RUGGIERO            )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         STUART S. LEVY                )                              
                         Administrative Patent Judge   )                              



          JFR/lp                                                                      
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