Appeal No. 1997-2215
Application 08/332,058
Claims 5 and 7 stand rejected under 35 U.S.C. § 103 as
unpatentable over Tanaka or Alligood in view of Kameyama and
further in view of Goddard.
Claim 15 stands rejected under 35 U.S.C. § 103 as
unpatentable over Alligood or Goddard or Tanaka in view of
Ohshita.
OPINION
We have carefully reviewed the rejections on appeal in
light of the arguments of the appellants and the examiner. As
a result of this review we have reached the determination that
the applied prior art is not anticipatory of claims 1, 2 and
18, nor does the prior art establish the prima facie
obviousness of claims 3-15. Our reasons follow.
At the outset, we must note that the examiner has never
made factual findings with respect to the § 102 rejection by
reading the references in relation to the claims and
establishing correspondence between the claimed subject matter
and the reference structure. We sympathize with appellants
and their difficulty in determining exactly how Alligood,
Goddard or Tanaka
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