Ex parte NISHIMURA et al. - Page 16




            Appeal No. 1997-2983                                                   Page 16               
            Application No. 08/482,792                                                                   


            made therein are not before us, are not at issue, and are                                    
            considered waived.                                                                           


                                              CONCLUSION                                                 
                  In summary, the rejection of claims 1, 6, 11, and 14                                   
            under 35 U.S.C. § 103(a) as obvious over AAPA in view of Levy                                
            and Delagi; the rejection of claims 2, 4, 7-10, and 12 under                                 
            35 U.S.C. § 103(a) as obvious over AAPA in view of Levy and                                  
            Delagi further in view of Tanaka; and the rejection of claim 3                               
            under 35 U.S.C. § 103(a) as obvious over AAPA in view of Levy,                               
            Delagi, and Tanaka further in view of Maejima are reversed.                                  
            The rejection of claim 13 under 35 U.S.C. § 103(a) as obvious                                
            over AAPA in view of Levy and Delagi, however, is affirmed.                                  


                  No time period for taking any subsequent action in                                     
            connection with this appeal may be extended under 37 C.F.R.                                  
            § 1.136(a).                                                                                  














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