Ex parte SUMIHIRO - Page 7




               Appeal No. 97-0801                                                                                                   
               Application 08/168,087                                                                                               


               view of the general teachings of Shen.  Thus, the examiner has failed to establish a prima facie case of             

               the obviousness of these claims.  Therefore, we do not sustain the examiner’s rejection of claims 2-4                

               based on Shen taken alone.                                                                                           

                       Independent claim 6 and dependent claims 7 and 8 stand rejected based on the teachings of                    

               Shen and Normille.  Claim 6 has limitations similar to the limitations recited in independent claim 1.  As           

               noted above, Shen does not teach these limitations.  The Normille teachings were added to Shen to                    

               meet limitations of claims 6-8 which are unrelated to these recitations of claims 1 and 6.  Since Normille           

               does not overcome the deficiencies of Shen discussed above, the collective teachings of Shen and                     

               Normille also do not suggest the invention as recited in claims 6-8.  Therefore, we do not sustain the               

               examiner’s rejection of claims 6-8 based on Shen and Normille.                                                       

                       In summary, we have not sustained any of the examiner’s rejections of the claims based on                    

               Shen alone or Shen and Normille.  While we cannot say if there is prior art available which would                    

               render the claimed invention unpatentable, we can say that the examiner’s reliance on                                












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