Ex parte BENEDETTO et al. - Page 3




          Appeal No. 95-3208                                                          
          Application 08/067,307                                                      


          Fulwyler et al. (Fulwyler)    3,710,933      Jan. 16, 1973                  
          Colombo et al.  (Colombo)     4,329,052      May  11, 1982                  
          Kamimoto2                JP 62-273431        Nov. 27, 1987                  
          (Japanese)                                                                  
               Claims 1, 8 and 13 through 18 stand rejected under 35 U.S.C.           
          § 102 as being anticipated by Fulwyler.  Claims 2 through 7 and 9           
          through 12 stand rejected under 35 U.S.C. § 103 as being unpat-             
          entable over Fulwyler in view of Kamimoto and Colombo.                      
               Rather than repeat the arguments of Appellants or the                  
          Examiner, we make reference to the brief and the answer for the             
          details thereof.                                                            
                                       OPINION                                        
               After a careful review of the evidence before us, we agree             
          with the Examiner that claims 1 and 13 through 15 are properly              
          rejected under 35 U.S.C. § 102 and that claims 3 through 5 and 7            
          are properly rejected under 35 U.S.C. § 103.  Thus, we will                 
          sustain the rejection of these claims but we will reverse the               
          rejection of remaining claims on appeal for the reasons set forth           
          infra.                                                                      
               At the outset, we note that Appellants have indicated on               
          page 3 of the brief that the claims do not stand or fall                    
          together.   However, on pages 4 through 6 of the brief, we note             


               Translation attached.2                                                                     
                                          3                                           





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