Ex parte SODA et al. - Page 6







             as unpatentable over Kiyota in view of the admitted prior art and Klein is not sustained.            
              In re Rouffet, 149 F.3d 1350, 1357, 47 USPQ2d 1453, 1458 (Fed. Cir. 1998).                          
                                                  DECISION                                                        
             The rejection of claim 1 under 35 U.S.C. § 102(b) as being anticipated by Kiyota is                  
             affirmed.                                                                                            
             The rejection of claim 3 under 35 U.S.C. § 103(a) as being unpatentable over                         
             Kiyota in view of the admitted prior art and Klein is affirmed.                                      
             The rejection of claims 2 and 4 through 6 under 35 U.S.C. § 103(a) as being                          
             unpatentable over Kiyota in view of the admitted prior art and Klein is reversed.                    
             The decision of the examiner is affirmed in part.                                                    























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