Ex parte LEE - Page 14




          Appeal No. 1996-3709                                                        
          Application 07/980,221                                                      


               Claim 21                                                               
               Claim 21 is rejected [answer, page 23] over the same                   
          references as claims 24, 25, 27 and 28.  Appellant has not                  
          explicitly responded to this rejection.  However, since the                 
          references applied in this rejection are the same as for                    
          claims 24, 25, 27 and 28, Appellant’s arguments regarding                   
          claims 22, 23 and 26, and claims 24, 25, 27 and 28 equally                  
          apply here.  The Examiner has correctly proceeded with this                 
          presumption and responded to Appellant’s arguments accordingly              
          [id. 23].  Nevertheless, we are not persuaded by the                        
          Examiner’s assertions and do not sustain the rejection of                   
          claim 21 over Tsukakoshi in view of Tabuchi and Kando for the               
          same reasons.                                                               














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