Appeal No. 1997-4145
Application No. 08/361,328
ISSUES2
Claims 33-40 stand rejected under 35 U.S.C. § 112, first paragraph.3 Claims 1,
2, 4, 5 and 10 stand rejected under 35 U.S.C. § 102(b) as clearly anticipated by
Matsumoto. Claims 1-5 and 10 stand rejected under 35 U.S.C. § 103 as unpatentable
over Matsumoto in view of Kanda. Claims 26-29 stand rejected under 35 U.S.C. § 103
as unpatentable over Matsumoto in view of Lehninger.
We AFFIRM the rejection under § 112, first paragraph, and REVERSE the
rejections under §§ 102(b) and 103.
In reaching our decision in this appeal we have given careful consideration to the
appellant's specification and claims and to the respective positions articulated by the
appellant and the examiner. We make reference to the examiner's answer (Paper No.
16, mailed May 28, 1997) for the examiner's reasoning in support of the rejections and
to the appellant's brief (Paper No. 14, field April 11, 1997) for the appellant's arguments
thereagainst.
2 "[T]he rejection of claims 1, 2, 4, 5, and 8-10 under 35 U.S.C. § 103 as unpatentable over
Matsumoto ... in view of Pinkel ... has been overcome and therefore withdrawn as stated in the Advisory
Action, mailed 12/6/96" (answer, p. 2).
3 "The NEW MATTER rejection of claims 26 and 29 is hereby withdrawn as written basis has
been found as filed for these claims" (answer, p. 3).
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