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 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007