Ex parte KURAKADO et al. - Page 4

          Appeal No. 95-4799                                                           
          Application 07/996,516                                                       

                    Reference is made to the briefs and answer for the                 
          respective details of the positions of appellants and the                    
                    We reverse.                                                        
                    With regard to Ishibashi, the examiner contends that               
          Figures 3(a) and (b) of that reference disclose a series-                    
          connection of 4 superconducting tunnel junctions for reasons set             
          forth at pages 7-9 of the answer which we incorporate herein.                
          For their part, appellants contend that these Figures of                     
          Ishibashi disclose that the connection is a parallel, and not a              
          series, one, for reasons set forth at pages 1-3 of the reply                 
          brief, and which we incorporate herein.2                                     
                    While both appellants and the examiner appear to set               
          forth cogent reasons for their respective positions as to whether            
          the connection is parallel or serial, Ishibashi is simply not                
          clear as to the particular connection.  Therefore, we would need             
          to resort to some speculation in determining what is the true                
          type of connection.  A rejection under 35 U.S.C. 102(b) may not              
          rely on speculation.  Accordingly, we will not sustain the                   

           We note that in the reply brief, appellants refer to2                                                                    
          "attached Exhibit A" and "attached Exhibit C."  However, we have             
          found no such Exhibits of record.                                            


Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007