Ex parte HAYNES et al. - Page 3




                 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.                                                                                                
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