Ex Parte Preisler - Page 3



          Appeal No. 2005-0361                                                        
          Application 10/252,177                                                      

                                   THE PRIOR ART                                      

               The references relied on by the examiner to support the                
          final rejection are:                                                        

          Cherry                        5,536,037         Jul. 16, 1996               
          Kikuchi et al. (Kikuchi)      5,762,362         Jun. 09, 1998               

                                   THE REJECTIONS                                     

               Claims 18, 23 and 24 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Cherry in view of Kikuchi.                       

               Claims 18 through 24 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Kikuchi in view of Cherry.                       

               Attention is directed to the main and reply briefs (filed              
          April 9, 2004 and August 23, 2004) and the answer (mailed July              
          28, 2004) for the respective positions of the appellant and the             
          examiner regarding the merits of these rejections.1                         

               1 In the final rejection (mailed December 3, 2003), claim 24           
          also stood rejected under 35 U.S.C. § 112, second paragraph, as             
          being indefinite.  The examiner has since withdrawn this                    
                                          3                                           




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