Ex parte MANICO et al. - Page 4




                 Appeal No. 96-1455                                                                                                                     
                 Application No. 08/218,279                                                                                                             


                          The prior art references of record relied upon by the                                                                         
                 Examiner in rejecting the appealed claims are:                                                                                         


                 Hicks                                            4,951,086                                   Aug. 21, 1990                             
                 Yoshiwaka                                        Hei 5-27406                                 Feb.  5, 1993                             
                 (Japanese Kokai patent application)                                     2                                                              
                          Claims 1-6 and 25 stand rejected under 35 U.S.C. § 101 as                                                                     
                 being directed to nonstatutory subject matter.  Claims 1-25                                                                            
                 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                                             
                 over Yoshiwaka in view of Hicks.                                                                                                       













                          2Translation cited in the prosecution history.  Our                                                                           
                 understanding of this reference is based on that English                                                                               
                 translation thereof prepared by the Ralph McElroy Company.  A                                                                          
                 copy of that translation is attached hereto.  Paragraphs 0043-                                                                         
                 0045 of this translation are incomplete due to a poor                                                                                  
                 photocopy.  A second translation of Yoshiwaka was prepared for                                                                         
                 clarification of the "Application Example 2," dated January                                                                            
                 1999, by Schreiber Translations Inc.  A copy is included                                                                               
                 herewith, but not referenced in this decision.                                                                                         
                                                                         -4-                                                                            




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