Ex parte FROMM - Page 3




                Appeal No. 96-3992                                                                                                       
                Application 08/356,618                                                                                                   


                Fromm et al. (Fromm)            5,200,786                       Apr. 06, 1993                                            
                Kato et al. (Kato)                      5,232,499                       Aug. 03, 1993                                    

                        Claim 5 stands rejected under 35 U.S.C. § 102(b) as being anticipated by the disclosure of                       

                Kato.  Claims 1 and 9-14 stand rejected under 35 U.S.C. § 103 as being unpatentable over Fromm in                        

                view of Kato.                                                                                                            

                        Rather than reiterate the arguments of Appellant and the Examiner, reference is made to the                      

                Brief and Answer for the respective details thereof.                                                                     

                                                               OPINION                                                                   

                        We have carefully considered the subject matter on appeal, the rejections advanced by the                                                                                                        

                Examiner, the arguments in support of the rejections and the evidence of anticipation and obviousness                    

                relied upon by the Examiner as support for the  rejections.  We have, likewise, reviewed and taken into                  

                consideration, in reaching our decision, Appellant's arguments set forth in the Brief along with the                     

                Examiner’s rationale in support of the rejections and arguments in rebuttal set forth in the Examiner’s                  

                Answer.                                                                                                                  

                        We note that, despite nominally indicating that all claims stand or fall together in a single group              

                (Brief, page 5), Appellant has provided separate arguments for each of the independent claims 1 and 5.                   

                Since the Examiner also has addressed each of independent claims 1 and 5 individually, we will                           

                consider these claims separately to the extent that separate arguments are of record in this appeal.                     

                Further, since Appellant has made no separate arguments with respect to                                                  

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