Appeal No. 1997-2151
Application No. 08/221,959
Claims 28, 29, 33, 35, 38, 39 and 40 stand rejected under 35 U.S.C. § 102 as
being unpatentable over Tanabe. Claims 14, 28-31 and 33-41 stand rejected under
35 U.S.C. § 103 as being unpatentable over Nonomura in view of Omori, Dolby and
Tanabe.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the examiner's
answer (Paper No. 17, mailed Aug. 20, 1996) for the examiner's reasoning in support of
the rejections, and to the appellant's brief (Paper No. 16, filed Jul. 15, 1996) for the
appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence of
our review, we make the determinations which follow.
Only those arguments actually made by appellant have been considered in this
decision. Arguments which appellant could have made, but chose not to make in the brief
have not been considered. (See 37 CFR § 1.192(a).)
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