Ex parte KITAGAWA - Page 13




          Appeal No. 97-0320                                                          
          Application No. 08/096,261                                                  


          unpatentable over Müller in view of Mizuno is sustained.                    
               With respect to claim 3, Appellant has indicated (Brief,               
          page 7) that claims 1 and 3 do not stand and fall together.                 
          We note, however, that Appellant's arguments with regard to                 
          claim 3 are directed to the same claim limitations as appear                
          in claim 1.  Since we have previously determined that the                   
          arguments with respect to claim 1 are not persuasive of error               
          by the Examiner, and since Appellant makes no additional                    
          arguments with respect to claim 3, we also sustain the                      
          rejection of claim 3 under U.S.C.    § 103.                                 
               For all of the above reasons, the decision of the                      
          Examiner rejecting claims 1 and 3 under 35 U.S.C. § 103 is                  
          affirmed.                                                                   














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