Ex Parte Diehl et al - Page 3

                Appeal 2007-0125                                                                                 
                Application 10/447,227                                                                           

                II.  PRIOR ART                                                                                   
                       As evidence of unpatentability of the claimed subject matter, the                         
                Examiner relies upon the following references:                                                   
                Ueoka   US 4,956,493   Sep. 11, 1990                                                             
                Aichinger   WO 99/20595   Apr. 29, 19991                                                         
                Mitsumoto   US 2001/0016668 A1  Aug. 23, 2001                                                    
                Schroder   DE 102 11 273 A1   Mar. 6, 20032                                                      
                Yada    US 2004/0260122 A1  Dec. 23, 2004                                                        

                III.  REJECTION                                                                                  
                       The Examiner has rejected the claims on appeal as follows:                                
                       1) Claims 1 through 5 and 7 through 11 under 35 U.S.C. § 102(b)                           
                as anticipated by the disclosure of Aichinger as explained by Ueoka;                             
                       2) Claim 15 under 35 U.S.C. § 103(a) as unpatentable over the                             
                combined disclosures of Aichinger (as explained by Ueoka) and Yada;                              
                       3) Claims 15 through 18 and 20 under 35 U.S.C. § 103(a) as                                
                unpatentable over the combined disclosures of Aichinger (as explained by                         
                Ueoka) and Schroeder; and                                                                        


                                                                                                                
                1 The Examiner has relied on US 6,568,406 B2 (Aichinger) published on                            
                May 27, 2003, as corresponding to WO 99/20595 relied on in the statements                        
                of the rejections set forth in the Answer (Answer 3).  Our reference to                          
                Aichinger in this decision is to US 6,568,406 B2.                                                
                2  The Examiner has relied on US 2005/0115590 A1(Schroeder) published                            
                on June 2, 2005 as corresponding to DE 102 11 273 A1 relied on in the                            
                statement of the rejection set forth at page 7 of the Answer.  Any reference                     
                to Schroder in this decision is to the corresponding published U.S. patent                       
                application, namely US 2005/0115590 A1.                                                          

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