Ex parte HIKOSAKA et al. - Page 3




                     Appeal No. 96-0852                                                                                                                                                
                     Application 08/116,581                                                                                                                                            


                     set forth on pages 2 and 3 of appellants’ specification.                                                                                                          



                                Claims 1, 7 through 9, 12 and 14 through 16 stand rejected under 35 U.S.C. § 103 as being                                                              
                     unpatentable over Lamazou in view of Tinklepaugh, Claudy and the Admitted Prior Art .                                         2                                   



                                The rejection of claims 1, 7 and 8 under 35 U.S.C. § 112, second paragraph made by the                                                                 

                     examiner as a new ground of rejection in the answer (Paper No. 24, page 6) has now been withdrawn                                                                 

                     in light of the amendment filed by appellants on June 1, 1995 (see, supplemental answer, page 2) .                                                                



                                Rather than reiterate the examiner's full statement of the above-noted § 103 rejection and the                                                         

                     conflicting viewpoints advanced by the examiner and appellants regarding the rejection, we make                                                                   

                     reference to the examiner's answer (Paper No. 24, mailed April 4, 1995) and supplemental answer                                                                   

                     (Paper No. 27, mailed September 20, 1995) for the examiner's reasoning in support of the rejection,                                                               

                     and to appellants’ brief (Paper No. 23, filed January 18, 1995) and reply brief (Paper No. 26, filed                                                              

                     June 1, 1995) for appellants’ arguments thereagainst.                                                                                                             






                                2hereinafter APA                                                                                                                                       
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