Ex Parte Ozawa - Page 9

                Appeal 2006-2173                                                                             
                Application 09/519, 999                                                                      

                Ooyama and Hoffman.  Rather, Appellant asserts that the subject matter of                    
                claims 16-17 is patentable for the reasons advanced with respect to claim 10.                
                The Examiner has presented factual determinations regarding the suitability                  
                of adding the teachings of Yoshio with Ooyama and Hoffman.  (See Final                       
                Rejection 12-13).  Thus, for the reasons presented above regarding claim 10                  
                and the reasons presented by the Examiner, we will uphold the rejection of                   
                claims 16-17.                                                                                
                      Claim 27 stands rejected under 35 U.S.C. §103(a) as obvious over                       
                Ooyama, Hoffman, and Chung. Appellant has not specifically challenged the                    
                Examiner's motivation for combining the teachings of Chung with Ooyama                       
                and Hoffman.  Rather, Appellant asserts that the subject matter of claim 27                  
                is patentable for the reasons advanced with respect to claims 10 and 29 (Br.                 
                17).  The Examiner has presented factual determinations regarding the                        
                suitability of adding the teachings Chung with Ooyama and Hoffman.  (See                     
                Final Rejection 13-14).  Thus, for the reasons presented above regarding                     
                claims 10 and 29 and the reasons presented by the Examiner, we will uphold                   
                the rejection of claim 27.                                                                   
                                              CONCLUSION                                                     
                      The rejection of claims 31 and 33 under 35 U.S.C. §112, first                          
                paragraph is reversed.  The prior art rejections of claims 10-11, 13-18, 20-                 
                25, 27, and 29-33 are affirmed.                                                              








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