Appeal No. 95-3678
Application 07/545,786
independent form, and claim 14 depends from rewritten claim 13.
Claims 2-4 and 7-9 depend from newly amended claim 1. Claims 10
and 15 remain unchanged from the claims considered in the
previous Board decision.
Claims 2-4, 7-10 and 15 effectively stand rejected on the
ground of Res Judicata [note discussion supra]. Claims 1, 11, 13
and 14 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness the examiner offers Sze in view of Shinoda and
Kawashima.
Rather than repeat the arguments of appellant or the
examiner, we make reference to the briefs and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the evidence
of obviousness relied upon by the examiner as support for the
obviousness rejection. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellant’s
arguments set forth in the briefs along with the examiner's
rationale in support of the rejections and arguments in rebuttal
set forth in the examiner's answer.
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