Ex parte JOHNSON - Page 5




                 Appeal No. 2000-0112                                                                                     Page 5                        
                 Application No. 08/935,005                                                                                                             


                 Huang                                        89105689.0                          October 3, 1990                                       
                 (Published Chinese Application)1                                                                                                       
                 Diamond, Jared (Diamond), “Reflections, The Case of the                                                                                
                 Vagrant Birds--or, Left Coast, Here We Come”, Discover, pp.                                                                            
                 82-84, (January, 1986)                                                                                                                 


                          Claims 5, 6, 8 and 9 stand rejected under 35 U.S.C. § 103                                                                     
                 as being unpatentable over Huang.                                                                                                      
                                                                                                                                                       
                          Claims 5, 6, 8 and 9 also stand rejected under 35 U.S.C.                                                                      
                 § 103 as being unpatentable over Diamond.2                                                                                             






                          1Our understanding of this foreign language document is                                                                       
                 based upon a translation prepared for the U.S. Patent and                                                                              
                 Trademark Office.  A copy of that translation accompanies this                                                                         
                 decision.  In the translation, Examples 1 and 2 do not reflect                                                                         
                 an accurate translation of the format of the printed material                                                                          
                 in the Chinese reference since the translator has put the text                                                                         
                 into idiomatic English instead of providing a literal                                                                                  
                 translation of Examples 1 and 2.  A subsequently obtained                                                                              
                 literal translation of Example 1 representing the horizontal                                                                           
                 typesetting method in Huang is also attached.                                                                                          
                          2We note, that the rejections of claims 5, 6, 8 and 9                                                                         
                 under 35 U.S.C. § 101, and 35 U.S.C. § 112, in the Final                                                                               
                 Rejection (Paper No. 11, February 2, 1999), have been                                                                                  
                 withdrawn by the examiner in her answer (Paper No. 19, August                                                                          
                 16, 1999).                                                                                                                             







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