Appeal No. 96-0209
Application 07/922,501
Conclusion
For the foregoing reasons, the rejection of claims 1, 4, 6,
8 and 10-15 under 35 U.S.C. § 102(b) as being anticipated by the
European '073 reference is reversed.
The rejection of claim 2 under 35 U.S.C. § 103 as being
unpatentable over the European '073 reference and Otsubo is
reversed.
The rejection Claims 3, 5, 7 and 9 under 35 U.S.C. § 103 as
being unpatentable over the European reference and Yoshio is
reversed.
Pursuant to 37 CFR § 1.196(b), claims 4-11 and 13-15 are
herein rejected under 35 U.S.C. § 112, second paragraph, as
failing to particularly point out and distinctly claim that
subject matter which the appellants regard as their invention.
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interferences based
upon the same record must be filed within one month from the date
of the decision (37 CFR 1.197). Should appellants elect to have
further prosecution before the examiner in response to the new
rejection under 37 CFR 1.196(b) by way of amendment or showing of
facts, or both, not previously of record, a shortened statutory
period for making such response is hereby set to expire two
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