Ex parte KOIZUMI et al. - Page 3



          Appeal No. 1996-3003                                                        
          Application 08/175,182                                                      


          reflection surface for receiving and reflecting light received              
          from said first reflecting surface and a light detector for                 
          receiving and detecting light reflected from said second                    
          reflection surface;                                                         
                    a casing for housing said light source and optical                
          system, said window being provided in said casing; and                      
                    a mounting board located within said casing and                   
          above an optical path between said second reflecting surface                
          and said light detector, said mounting board being connected                
          with at least one device which passes through said casing.                  
                                                                                     
                    The Examiner relies on the following references:                  
          Lyon                               4,521,772           Jun.  4,             
          1985                                                                        
          Chadima, Jr. et al. (Chadima)           4,766,300           Aug.            
          23, 1988                                                                    
          Hashimoto et al. (Hashimoto)            4,924,199           May             
          8, 1990                                               (filed                
          May 18, 1987)                                                               
                    Claims 3 through 11 stand rejected under 35 U.S.C.                
          § 103 as being unpatentable over Hashimoto in view of Lyon and              
          Chadima.                                                                    
                    Since the Examiner’s Answer does not state the                    
          statutory grounds of rejection, and the final rejection states              
          “under 35 USC 012/103 [sic] as set forth previously in the                  
          rejections of record”, we have resorted to the next previous                
          rejection, Paper No. 10, mailed April 25, 1994.  In Paper No.               
          10, the statutory grounds are clearly stated as 35 U.S.C. §                 
          103 with Hashimoto in view of Lyon.  Although Paper No. 10                  
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