Appeal No. 97-1656 Page 18
Application No. 08/314,26
prima facie case, the rejection of claims 3 through 6 is
improper. Therefore, we reverse the rejection of claims 3
through 6 under 35 U.S.C. § 102(e) and under 35 U.S.C. § 103.
CONCLUSION
To summarize, the examiner’s rejection of claims 1 and 2
under 35 U.S.C. § 112 as indefinite is reversed. His
rejection of claims 1 and 2 under 35 U.S.C. § 102(e) as
anticipated by Takahashi is affirmed. The examiner’s
rejection
of claims 3 through 6 under 35 U.S.C. § 102(e) as anticipated
by or under 35 U.S.C. § 103 as obvious over Takahashi is
reversed. Accordingly, we affirm-in-part.
No time period for taking subsequent action in connection
with this appeal may be extended under 37 C.F.R. § 1.136(a).
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