Ex parte KIKUCHI et al. - Page 3




                Appeal No. 96-1837                                                                                                            
                Application No. 08/083,372                                                                                                    


                         The examiner relies on the following references:                                                                     
                Matsudaira et al. (Matsudaira)                             4,945,432                Jul. 31, 1990                             
                Rajac, IBM Technical Disclosure Bulletin, Vol. 25, No. 3A (August                                                             
                1982) pp. 1097-98.                                                                                                            
                Japanese kokai patent (Kabashi)                     2      61-210573                Sep. 18, 1986                             
                Japanese kokai patent (Ishikawa)                      222-105377                    Apr. 17, 1990                             

                         Claims 1, 2, 4, 5, 7, 11 and 13 stand rejected under 35                                                              
                U.S.C. 103 as unpatentable over Matsudaira in view of Rajac or,                                                               
                alternatively, offered in a new ground of rejection by the                                                                    
                examiner in the principal answer, over Ishikawa in view of                                                                    
                Kobashi.  A prior rejection based on the first paragraph of 35                                                                
                U.S.C. 112 has been withdrawn and is not before us on appeal.                                                                 
                         Reference is made to the briefs and answers for the                                                                  
                respective positions of appellants and the examiner.                                                                          


                                                                 OPINION                                                                      
                         Turning first to the rejection of the claims under 35 U.S.C.                                                         
                103 over Matsudaira in view of Rajac, we will not sustain this                                                                
                rejection as the examiner has not established a prima facie case                                                              
                of obviousness.                                                                                                               

                         2Our understanding of these references is based on English                                                           
                translations thereof which have been prepared by the United                                                                   
                States Patent and Trademark Office.  Copies of the translations                                                               
                are attached hereto.                                                                                                          
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