Ex Parte TERASHIMA et al - Page 4



          Appeal No. 2004-0581                                                        
          Application No. 09/041,105                                                  

               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Yoshioka et al. (Yoshioka)       4,314,268          Feb.  2, 1982           
          Akcasu                           4,644,383          Feb. 17, 1987           
          Kihara et al. (Kihara)           5,286,986          Feb. 15, 1994           
                                                                                     
          Shimizu et al. (Shimizu)         59-126662          Jul. 21, 1984           
          (published Japanese Kokai Patent Application)                               
               Claims 1, 3 and 4 are rejected under 35 U.S.C. § 103(a) as             
          being unpatentable over Yoshioka, and claim 2 is correspondingly            
          rejected over this reference and further in view of Akcasu.                 
               Claims 10 and 11 are rejected under 35 U.S.C. § 103(a) as              
          being unpatentable over Shimizu, and claim 12 is correspondingly            
          rejected over this reference and further in view of Kihara.                 
               As indicated on page 4 of the brief, the appellants have               
          grouped and argued separately only the independent claims on                
          appeal.  That is, none of the appealed dependent claims have been           
          separately grouped and argued, not withstanding the fact that               
          dependent claims 2 and 12 have been separately rejected by the              
          examiner.  It follows that, in assessing the merits of the above            
          noted rejections, we need focus only on independent claims 1 and            
          10.                                                                         



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