Ex parte SASAKI et al. - Page 18




          Appeal No. 96-3392                                                          
          Application 08/121,512                                                      

               Appellants' arguments regarding claims 26, 33, and 39                  
          (Br20, Issue V(H)) state that "[t]he subject matter in these                
          claims is similar to that described with regard to Claims 5,                
          11, and 16 ... [and] are also considered to patentably                      
          distinguish over the applied combination of references for the              
          same reasons."  Claims 5, 11, and 16 do not contain the same                
          subject matter.  Appellants probably mean to refer to claims                
          6, 12, and 17.  However, since no argument was provided with                
          respect to the rejection of claims 5, 11, and 16 or claims 6,               
          12, and 17, appellants nowhere address the merits of the                    
          examiner's rejection.  Because appellants have not argued any               
          error in the examiner's findings of fact or conclusions of                  
          law, the rejection of claims 26, 33, and 39 is sustained.                   


               Claims 28, 35, and 41 -- Kohyama and Yokoyama                          
               Appellants' arguments regarding claims 28, 35, and 41                  
          (Br20-21, Issue V(I)) state that "[t]he subject matter in                   
          these claims is similar to that described with regard to                    
          Claims 6, 12, and 17 ... [and] are considered to patentably                 
          distinguish over the applied combination of references for the              
          same reasons."  Claims 6, 12, and 17 do not contain the same                

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