Ex parte KURAWAKI et al. - Page 4

          Appeal No. 96-2475                                                          
          Application 08/319,473                                                      

               The appellants have expressed the following view with regard           
          to the examiner's rejections:                                               
                    The disclosures of those published Japanese                       
               applications [Tanaka and Kurawaki] illustrate the                      
               subject matter which is claimed in Claims 1 and 3-15.                  
               This subject matter also forms the basis upon which the                
               remaining dependent claims rely.  Brief, page 3.                       

          However, it is the appellants' position that Tanaka and Kurawaki,           
          which were published within one year of the effective filing date           
          of the instant application, are not proper references.  We agree,           
          noting, as explained below, that this has no bearing on claims 21           
          and 22, however.                                                            
               The present application claims an effective filing date of             
          November 1, 1991, on the basis of two parent applications.  Both            
          of the Japanese patent applications cited as references were                
          published on June 11, 1991, some four months prior to the                   
          earliest application before us.  The Messrs. Kurawaki and Tanaka            
          named as the two inventors in the first publication, and the Mr.            
          Tanaka named as the sole inventor in the second, are the                    
          inventors in the present application, along with Mr. Nakaya                 
          (Brief, page 3).  As set forth in Section 715.01(c) of the Manual           
          of Patent Examining Procedure, a rejection based on a publication           


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