Ex parte CASPER et al. - Page 5




          Appeal No. 1997-4125                                       Page 5           
          Application No. 08/261,523                                                  


               Claims 1-3 stand rejected under 35 U.S.C. § 103(a) as                  
          obvious over Read in view of Cisneros further in view of                    
          Murakami.  Rather than repeat the arguments of the appellants               
          or examiner in toto, we refer the reader to the briefs and                  
          answers for the respective details thereof.                                 


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejections advanced by                
          the examiner.  Furthermore, we duly considered the arguments                
          and evidence of the appellants and examiner.  After                         
          considering the totality of the record, we are persuaded that               
          the examiner erred in rejecting claims 1-3.  Accordingly, we                
          reverse.                                                                    


               At the outset we note that the examiner once rejected                  
          claims 1-3 under 35 U.S.C. § 112, ¶ 1.  He observed, “The                   
          feature ‘simultaneously’ claim 1, line 15, claims 2, line 24                
          and claim 3, line 25 [sic] was not disclosed in the originally              
          filed specification ....”  (First Supplemental Examiner’s                   
          Answer at 3.)                                                               







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