Appeal No. 1997-2499
Application No. 08/228,449
incorporated into a portable erasing apparatus. We
accordingly conclude that the rejection is not sustainable as
there is no basis for creating a structure containing the
requisite “heating and near IR irradiation means” as required
by the claimed subject matter.
DECISION
The rejection of claims 7, 9, 11, 13 through 42, 44
through 50 and 52 through 67 under 35 U.S.C. § 103 as
unpatentable over the admitted prior art in view of Nagae is
reversed.
The rejection of claims 68 through 71 under 35 U.S.C. §
103 as unpatentable over MITA in view of Nagae is reversed.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
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