Ex parte NEMOTO et al. - Page 4




                 Appeal No. 96-1893                                                                                                                     
                 Application 08/073,416                                                                                                                 



                 paragraph as being indefinite.  Claims 2 through 6 and 8                                                                               
                 through 22 stand rejected under 35 U.S.C. § 102 as being                                                                               
                 anticipated by Tsuchida.                                                                                                               




                         Rather than repeat the arguments of Appellants or the                                                                         
                 Examiner, we make reference to the brief and the answer for                                                                            
                 the respective details thereof.                                                                                                        


                                                                     OPINION                                                                            
                          After a careful review of the evidence before us, we                                                                          
                 agree with the Appellants that claims 2 through 6, 8, 9, 10                                                                            
                 and 12 through 21 are not anticipated under 35 U.S.C. § 102 by                                                                         
                 Tsuchida.  However, we agree with the Examiner with respect to                                                                         
                 claims 11 and 22 under 35 U.S.C. § 102.  Regarding claim 23 ,                                             2                            
                 we agree with the Examiner that the language is indefinite,                                                                            
                 and since Appellants have not presented opposing arguments, we                                                                         


                          2Appellants' proposed amendment to claim 23 on July 17,                                                                       
                 1995 (Paper No. 16) was denied entry as indicated by the                                                                               
                 Examiner in an Advisory Action mailed October 16, 1995 (Paper                                                                          
                 No. 17).                                                                                                                               
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