Ex parte TSUKUDE et al. - Page 3




              Appeal No. 96-3040                                                                                             
              Application 08/135,650                                                                                         



                      The examiner relies on the following reference:                                                        
              Cho et al. (Cho)                     5,103,158             Apr. 7, 1992                                        

                      Claims 1-8, 30, 31 and 36 stand rejected under 35 U.S.C. § 102(b) as being                             
              anticipated by the disclosure of Cho.                                                                          
                      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                                                             
                      We have carefully considered the subject matter on appeal, the rejection advanced                      
              by the examiner and the evidence of anticipation relied upon by the examiner as support                        
              for the rejection.  We have, likewise, reviewed and taken into consideration, in reaching                      
              our decision, the appellants’ arguments set forth in the brief along with the examiner’s                       
              rationale in support of the rejection and arguments in rebuttal set forth in the examiner’s                    
              answer.                                                                                                        
                      It is our view, after consideration of the record before us, that the disclosure of Cho                
              does fully meet the invention as recited in claims 1, 2, 4-8, 30, 31 and 36.  We reach the                     
              opposite conclusion with respect to claim 3.  Accordingly, we affirm-in-part.                                  




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