Ex parte SHICHIJO et al. - Page 4




                 Appeal No. 95-4761                                                                                                                     
                 Application No. 08/012,781                                                                                                             


                          The specification stands objected to under 35 U.S.C. §                                                                        
                 112, first paragraph, as failing to provide support for the                                                                            
                 invention as claimed.  Claims 17 and 18 stand finally rejected                                                                         
                 under                                                                                                                                  
                 35 U.S.C. § 112, first paragraph, for the reasons set forth in                                                                         
                 the objection to the specification.  Claims 14-20 stand                                                                                
                 finally rejected under U.S.C. § 103 as being unpatentable over                                                                         
                 Soga or Luryi.  Claims 14-20 stand further finally rejected                                                                            
                 under U.S.C. § 103 as being unpatentable over Soga or Luryi                                                                            
                 and further in view of Yokogawa.  In the statement of the                                                                              
                 grounds of rejection and in the arguments in the Answer, the                                                                           
                 Examiner no longer relies on Yokogawa but rather only on Luryi                                                                         
                 or Soga to support the rejection under U.S.C. § 103.                                                                                   
                          Rather than reiterate the arguments of Appellants and the                                                                     
                 Examiner, reference is made to the Briefs  and Answer for the             3                                                            
                 respective details thereof.                                                                                                            
                                                                     OPINION                                                                            



                          3The Appeal Brief was filed August 25, 1995.  In response                                                                     
                 to the Examiner's Answer dated December 6, 1995, a Reply Brief                                                                         
                 was filed February 6, 1996 which was acknowledged and entered                                                                          
                 by the Examiner without further comment on March 8, 1996.                                                                              
                                                                           4                                                                            





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