Appeal No. 95-4890
Application 08/035,002
25, 1980, as Laid-open Patent Application (Kokai) No. S 55-
84167. We shall hereinafter refer to this reference by the
name of its lead inventor, namely, Yanagibashi. For the 2
purposes of this appeal, we have relied on an English
Translation of Kokai No. S 55-84167 which was supplied by
applicants and is of record. We further observe that the
Board obtained an English Translation of Koho No. 60-34923,
after this case was appealed. For the sake of completeness,
we enclose a copy of the latter translation with this opinion.
In rejecting the appealed claims on prior art grounds,
the examiner also relies on U.S. Patent No. 3,435,117, issued
March 25, 1969, to Joseph Nichols (Nichols).
THE ISSUE
The issue presented for review is whether the examiner
erred in rejecting claims 2 through 9, 11 and 12 under 35 USC
§ 103 as unpatentable over the combined disclosures of Nichols
and Yanagibashi.
2 The examiner cites the Yanagibashi reference in the Answer, page 2, last line.
Likewise, applicants cite this reference in their Brief before the Board, page 2, last
paragraph. Neither citation is correct.
3
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