Ex parte ITO - Page 8




          Appeal No. 2000-1347                                                        
          Application No. 08/740,283                                                  


          the issue.  Hockerson-Halberstadt, Inc. v. Avia Group Int'l,                
          222   F.3d 951, 956, 55 USPQ2d 1487, 1491 (Fed. Cir. 2000);                 
          also see In re Wright, 569 F.2d 1124, 1127, 193 USPQ 332, 335               
          (CCPA 1977); In re Olson, 212 F.2d 590, 592, 101 USPQ 401, 402              
          (CCPA 1954).  The unreliability of Kogure’s drawings in this                
          regard is highlighted by the analysis set forth in the                      
          appellant’s reply brief which demonstrates that the relative                
          dimensions shown in Figure 10 are not even consistent with the              
          insulating and heat-generating layer thicknesses expressly                  
          specified in the underlying specification.  Thus, the                       
          examiner’s reliance on Figure 10 to establish that Kogure                   
          meets the L1, L2 and L3 limitations in claim 1 is not well                  
          founded.                                                                    
               Accordingly, we shall not sustain the standing 35 U.S.C.               
           102(b) rejection of claim 1, or of claims 2 through 7 which               
          depend therefrom, as being anticipated by Kogure.                           
          III. The 35 U.S.C.  103(a) of claims 9 through 16 as being                 
          unpatentable over Kogure in view of Watanabe                                
               Independent claim 9 is essentially similar to independent              
          claim 1 and also requires that the distance L3 from the inner               
          end of a carrier to the outer end of the current receiver                   
                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007