Appeal Number: 2007-0385
Application Number: 10/375,067
THE REJECTION
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Sugiyama in view of Sakamaki.
Rather than reiterate the conflicting viewpoints advanced by the examiner
and the appellant regarding the above-noted rejection, we make reference to the
answer (mailed May 26, 2006) for the examiner's complete reasoning in support of
the rejection, and to the brief (filed March 23, 2006) and reply brief (filed July 18,
2006) for the appellant's arguments thereagainst.
Only those arguments actually made by appellant have been considered in
this decision. Arguments which appellant could have made but chose not to make
in the brief have not been considered. See 37 C.F.R. § 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 rejection advanced by the examiner, and the evidence
of obviousness relied upon by the examiner as support for the rejection. We have,
likewise, reviewed and taken into consideration, in reaching our decision,
appellant's arguments set forth in the briefs along with the examiner's rationale in
support of the rejection and arguments in rebuttal set forth in the examiner's
answer.
Upon consideration of the record before us, we make the determinations
which follow. We note at the outset that appellants have argued claim 1.
Accordingly, we select claim 1 as representative of the group.
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Last modified: November 3, 2007