Ex parte SHINOTSUKA et al. - Page 4




                 Appeal No. 1997-1665                                                                                     Page 4                        
                 Application No. 08/289,134                                                                                                             


                          Capps et al. (Capps)                                  5,367,453                           Nov. 22,                            
                 1994                                                                                                                                   
                                                                                         filed Aug.  2, 1993.                                           
                 Claims 1-5 and 12-16 stand rejected under 35 U.S.C. § 103 as                                                                           
                 obvious over Capps in view of Shojima.  Claims 6-11 and 17                                                                             
                 stand rejected under 35 U.S.C. § 103 as obvious over Capps in                                                                          
                 view of                                                                                                                                
                 Shojima further in view of Agulnick.  Rather than repeat the                                                                           
                 arguments of the appellants or examiner in toto, we refer the                                                                          
                 reader to the briefs  and answer for the respective details1                                                                                                  
                 thereof.                                                                                                                               


                                                                     OPINION                                                                            
                          In deciding this appeal, we considered the subject matter                                                                     
                 on appeal and the rejection advanced by the examiner.                                                                                  
                 Furthermore, we duly considered the arguments and evidence of                                                                          
                 the appellants and examiner.  After considering the totality                                                                           
                 of the record, we are persuaded that the examiner did not err                                                                          
                 in rejecting claims 1, 12, 13, and 16.  We are also persuaded,                                                                         


                          1We rely on and refer to the amended appeal brief, (Paper                                                                     
                 No. 23), in lieu of the original appeal brief, (Paper No. 15),                                                                         
                 because the latter was defective.  (Paper No. 22.)                                                                                     







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