Appeal No. 1997-3727
Application 08/416,127
over Sugimoto in view of Suda.
Rather than repeat the positions and the arguments of
Appellants and the Examiner, we make reference to the brief
and the answer for their respective positions.
OPINION
We have considered the rejections advanced by the
Examiner. We have, likewise, reviewed Appellants’ arguments
against the rejections as set forth in the brief.
It is our view, after consideration of the record before
us, that the rejections under 35 U.S.C. § 102 and under 35
U.S.C. § 103 are not proper. Accordingly, we reverse.
At the outset, we note that Appellants have elected
[brief, page 5] to group claim 1 by itself, and claims 3 to 5
together. We now consider the various rejections.
Rejection under 35 U.S.C. § 102
The Examiner has rejected claim 1 as being anticipated by
Sugimoto.
We note that a prior art reference anticipates the
3
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