Ex parte SHIMIZU et al. - Page 3




                 Appeal No. 1999-1530                                                                                     Page 3                        
                 Application No. 08/728,607                                                                                                             


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejection, we make reference to the answer (Paper No. 19,                                                                              
                 mailed December 7, 1998) for the examiner's complete reasoning                                                                         
                 in support of the rejection, and to the brief (Paper No. 18,                                                                           
                 filed October 27, 1998) for the appellants' arguments                                                                                  
                 thereagainst.                                                                                                                          


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellants' specification and                                                                             
                 claims, to the applied prior art references, and to the                                                                                
                 respective positions articulated by the appellants and the                                                                             
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determinations which follow.                                                                                                           


                          In the brief (p. 4), the appellants stated that                                                                               



                          4(...continued)                                                                                                               
                 body of the rejection that the rejection applies only to                                                                               
                 claims 1-3, 8-19 and 21 (claim 20 being a claim that has been                                                                          
                 indicated as being allowed).                                                                                                           







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