Ex Parte SOTOKAWA et al - Page 7



          Appeal No. 2004-1707                                                        
          Application No. 09/127,688                                                  

          Furthermore, since independent claims 3, 35, 37, and 39 include             
          the same limitations as those found lacking supra from the                  
          combination of Egawa and Ishida, we will not sustain the                    
          rejection of claims 3, 35, 37, and 39, and their dependents,                
          claims 4, 36, 38, and 40.                                                   
                                     CONCLUSION                                       
               The decision of the examiner rejecting claim 1 through 4 and           
          35 through 40 under 35 U.S.C. § 103 is reversed.                            
                                      REVERSED                                        




                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         ANITA PELLMAN GROSS           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ROBERT NAPPI                  )                              
                         Administrative Patent Judge   )                              
          APG/vsh                                                                     

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