Ex Parte Tanaka et al - Page 3



          Appeal No. 2005-2657                                       Page 3           
          Application No. 09/898,497                                                  
               Claims 3, 5, 14, 16, 25 and 27 stand rejected under                    
          35 U.S.C. § 103(a) as being unpatentable over Owensby in view of            
          Jones.                                                                      
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellants regarding the above-noted                   
          rejections, we make reference to the final rejection (mailed Feb.           
          27, 2004) and the answer (mailed Jan. 12, 2005) for the                     
          examiner's complete reasoning in support of the rejections, and             
          to the brief (filed Oct. 29, 2004) and reply brief (filed Mar.              
          14, 2005) for the appellants’ arguments thereagainst.                       
               Only those arguments actually made by appellants have been             
          considered in this decision.  Arguments which appellants could              
          have made but chose not to make in the brief have not been                  
          considered.  See 37 CFR § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).            

                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of anticipation and obviousness           
          relied upon by the examiner as support for the rejections.  We              
          have, likewise, reviewed and taken into consideration, in                   







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