Ex parte FUKUDA - Page 4




          Appeal No. 1998-0219                                       Page 4           
          Application No. 08/265,000                                                  


               Schuermann                    5,455,575           Oct.  3,             
          1995                                                                        
                                                  (filed Sept. 23,                    
          1994).                                                                      


               Claims 4 and 9 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Schuermann in view of Natarajan or                  
          Mock.  (Paper No. 16 at 4.)  Rather than repeat the arguments               
          of the appellant 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 rejection advanced by                 
          the examiner.  Furthermore, we duly considered the arguments                
          and evidence of the appellant and examiner.  After considering              
          the totality of the record, we are persuaded that the examiner              
          erred in rejecting claims 4 and 9.  Accordingly, we reverse.                













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