Ex parte KISHIMOTO et al. - Page 14




          Appeal No. 1996-2215                                                        
          Application No. 08/101,093                                                  


               VI.  CONCLUSION                                                        
               In conclusion, we reverse the rejections of claims 25                  
          through 36 under 35 U.S.C. § 103 as unpatentable over Mori in               
          view of Shimizu, and over Mori in view of Shimizu and Arcuri.               


                                     REVERSED                                         




                    SHERMAN D. WINTERS           )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    WILLIAM F. SMITH            )     APPEALS AND                     
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    CAROL A. SPIEGEL              )                                   
                    Administrative Patent Judge  )                                    


          vsh                                                                         



               (...continued)2                                                                     
          claim 17 was not entered, it was not proper to cancel it. In subsequent     
          responses, appellants did not refer to claim 16.  See Paper No. 39 filed Mar.
          4, 1994, Paper No. 48 filed Nov. 21, 1994, and Brief, Paper No. 52, filed Feb.
          21, 1995.                                                                   

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