Ex parte KISHINO et al. - Page 4




                 Appeal No. 1998-0923                                                                                                                   
                 Application No. 08/514,718                                                                                                             


                          The Examiner relies on the following prior art                                                                                
                 references:1                                                                                                                           
                 Beatty et al. (Beatty)                                4,377,769                                    Mar. 22,                            
                 1983                                                                                                                                   
                 Morimoto et al. (Morimoto)                            4,582,210                                    Apr. 15,                            
                 1986                                                                                                                                   
                          Claims 1, 2, and 4-10 stand finally rejected under 35                                                                         
                 U.S.C. § 103 as being unpatentable over Morimoto in view of                                                                            
                 Beatty and Appellants’ admissions as to the prior art.                                                                                 
                          Rather than reiterate the arguments of Appellants and the                                                                     
                 Examiner, reference is made to the Briefs  and Answers for the            2                                                            
                 respective details.                                                                                                                    
                                                                     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                                                                         


                          1The Examiner also relies on Appellants’ admissions as to                                                                     
                 the prior art described at pages 2 and 3 of the specification                                                                          
                 and illustrated in Figure 6 of Appellants’ drawings.                                                                                   
                          2The Appeal Brief was filed March 25, 1997.  In response                                                                      
                 to the Examiner’s Answer dated June 23, 1997, a Reply Brief                                                                            
                 was filed June 30, 1997 to which the Examiner responded with a                                                                         
                 Supplemental Examiner’s Answer dated October 30, 1997.  The                                                                            
                 Examiner submitted a further Supplemental Examiner’s Answer                                                                            
                 dated December 8, 1997 in response to Appellants’ Supplemental                                                                         
                 Reply Brief filed November 14, 1997.                                                                                                   
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