Appeal No. 98-1563 Page 4
Application No. 08/469,198
enable any person skilled in the art to make and use the same,
and/or for failing to particularly point out and distinctly
claim the subject matter which the appellants regard as the
invention.3
Claims 39 and 52 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Yokota . 4
Claims 39 and 52 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Yokota in view of Sukuki. 5
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellants regarding the above-noted
rejections, we make reference to the examiner's answer (Paper
No. 19, mailed September 16, 1997) for the examiner's complete
reasoning in support of the rejections, and to the appellants'
3Since this rejection presents issues under the first and
second paragraphs of § 112, we will separately treat those
issues in the opinion below.
4The examiner relies on the admitted prior art shown in
Figures 33-38 of Yokota.
5 Id.
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