Ex parte TSAY et al. - Page 4




                 Appeal No. 1996-3591                                                                                                                   
                 Application No. 08/251,053                                                                                                             


                          The Examiner relies on the following prior art:                                                                               
                 Masaki                                       4,986,385                                             Jan. 22,                            
                 1991                                                                                                                                   
                 Iyengar                                      5,063,304                                             Nov. 05,                            
                 1991                                                                                                                                   
                          Claims 1-15 stand finally rejected under 35 U.S.C. § 103                                                                      
                 as being unpatentable over Iyengar in view of Masaki.                                          2                                       
                          Claims 8-14 further stand finally rejected under 35                                                                           
                 U.S.C. § 112, second paragraph, for failing to particularly                                                                            
                 point out and distinctly claim the invention.  We note that,                                                                           
                 in an advisory office action dated August 18, 1995, the                                                                                
                 Examiner had indicated that Appellants’ amendment after final                                                                          
                 rejection filed July 31, 1995 had overcome the 35 U.S.C. §                                                                             
                 112, second paragraph, rejection of claims 1-7 and 15 made in                                                                          
                 the final rejection.  In the Examiner’s Answer dated February                                                                          
                 23, 1996, however, the Examiner reasserted the 35 U.S.C. §                                                                             
                 112, second paragraph, rejection of claims 1-7 made in the                                                                             
                 final rejection.  Appellants filed a further amendment after                                                                           
                 final rejection on April 29, 1996 which the Examiner entered                                                                           
                 and indicated, in a supplemental Examiner’s Answer dated May                                                                           


                          2A correct copy of appealed claims 1 and 8 appears in the                                                                     
                 Supplemental Examiner’s Answer dated May 12, 1999.                                                                                     
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