Ex parte YAMAGUCHI - Page 3




                   Appeal No. 97-3749                                                                                                                               
                   Application 08/360,069                                                                                                                           



                            The examiner relies on the following references:                                                                                        
                   Jamzadeh                              5,369,426                    Nov. 29, 1994                                                                 
                                      (filed Mar. 31, 1993)                                                                                                         
                   Yip                                   5,369,499                    Nov. 29, 1994                                                                 
                                                                  (filed Nov. 13, 1991)                                                                            
                                           2                                                                                                                        
                   Hirai et al. (Hirai)                  01-152482                    June 14, 1989                                                                 
                   (Japanese Kokai)                                                                                                                                 

                            In the final rejection, claims 1-8 were rejected under 35 U.S.C. § 103 as being                                                         
                   unpatentable over the teachings of Hirai in view of Jamzadeh and Yip.  Two additional                                                            
                   rejections were made in the examiner’s answer and were nominally designated as new                                                               
                   grounds of rejection.  First, claims 1-3 were rejected under 35 U.S.C. § 103 as                                                                  
                   unpatentable over Yip in view of Hirai.  Second, claims 4-8 were rejected under                                                                  
                   35 U.S.C. § 103 as unpatentable over Yip in view of Hirai and further in view of Jamzadeh.                                                       
                   Thus, it is noted that the new rejections set forth in the answer use the same prior art                                                         
                   references that were used in the final rejection or a lesser number thereof.                                                                     







                            2Our understanding of Hirai is based on a translation provided by Diplomatic                                                            
                   Language Services, Inc. for the United States Patent and Trademark Office.  A copy of this                                                       
                   translation is attached to this decision.                                                                                                        
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