Appeal No. 1998-0335
Application 08/518,061
the Matsuda abstract. It should be noted that there is no
record in this application that the full Matsuda document was
ever considered by the examiner. In fact, the examiner has
emphasized the fact that the rejection is based on the Matsuda
abstract only [answer, pages 5-6]. We have obtained a
translation of the full Matsuda document, and the translation
is attached to this decision.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief and the answer for
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the
evidence of obviousness relied upon by the examiner as support
for the rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the brief along with the examiner’s
rationale in support of the rejection and arguments in
rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record
before us, that the evidence relied upon and the level of
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