Ex parte YAMADA et al. - Page 4




          Appeal No. 1996-3386                                                        
          Application No. 08/136,123                                                  


          20, filed January 29, 1996) for appellants' arguments                       
          thereagainst.                                                               
                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellants and the examiner.  As a consequence of our                    
          review, we will affirm the indefiniteness rejections of claims              
          1 through 4 under 35 U.S.C. § 112, second paragraph, and                    
          reverse the obviousness rejections of claims 1 through 4, 6                 
          through 9, 18, and 19 under 35 U.S.C. § 103.                                
               The examiner first questions how "a first conductive                   
          passage" can comprise "a plurality of parallel and conductive               
          passages."  This language appears in claims 1, 2, and 4.                    
          Similar language appears in claim 3 as "each" conductive                    
          passage (a single passage) comprises "a plurality of parallel               
          and conductive passages."  Although we believe that we                      
          understand what is meant, we agree with the examiner that it                
          is confusing to recite a singular element comprising a                      
          plurality of the same element.                                              
               The examiner further asserts that "opposed slant side                  
          surfaces" in line 12 of claim 1 lacks antecedent basis.  Since              
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