Ex parte STAGEBERG et al. - Page 5




          Appeal No. 1997-3473                                                        
          Application No. 08/331,684                                                  


          Kawabe et al. (Kawabe)       5,245,493        Sep. 14, 1993                 
               Claims 1 through 6, 8, 10 through 12 and 14 stand                      
          rejected under 35 U.S.C. § 102(b) as being anticipated by                   
          Kawabe.                                                                     
               Claims 7, 9, and 13 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Kawabe.                                          
               Rather than repeat the arguments of Appellants or the                  
          Examiner, we make reference to the brief, reply brief, answer               
          and supplemental answer for the respective details thereof.                 




                                       OPINION                                        
               After a careful review of the evidence before us, we do                
          not agree with the Examiner that claims 1 through 6, 8, 10                  
          through 12 and 14 are anticipated under 35 U.S.C. § 102(b) by               
          Kawabe, nor do                                                              
          we agree that claims 7, 9 and 13 are unpatentable under 35                  
          U.S.C. § 103 over Kawabe.                                                   
               It is axiomatic that anticipation of a claim under § 102               
          can be found only if the prior art reference discloses every                


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