Appeal No. 2006-1510 Παγε 2
Application No. 10/414,066
In the answer, the examiner maintains a § 103(a) rejection of
appealed claims 1, 4, 5, 13, 17, 18, 24, 25, 28-30, and 35-40 over
Mori (U.S. Patent No. 5,281,489) in view of Hosokawa (JP 2-
001- 097949) and Burroughes (GB 2348316). In so doing, the
examiner does not make of record and refer to a complete and
accurate verified full English language translation of the
Japanese language patent document relied upon. Rather, the
record includes a computer (machine) translation of the text of
the Japanese document. At the top of page 1 of the Hosokawa
Japanese document translation, a disclaimer as to the accuracy of
the translation is presented with the further liability
disclaimer that the “Japan Patent Office is not responsible for
any damage caused by the use of this translation.” A review of
the translation reveals that many sentences and phrases employed
therein employ incorrect terms, such as the apparent misuse of
the word “law” in numbered paragraph 107 of the computer
translation. Also, we note the “**” used in the translation to
indicate untranslated words. In this regard, appellants argue
that Hosokawa is not combinable as alleged by the examiner and
refer to numbered paragraph 138 of the computer translation at
page 5 of the reply brief. That referred to paragraph employs
the symbol for untranslated words.
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