Ex parte SASAKI et al. - Page 11




               Appeal No. 98-1287                                                                                                 
               Application 08/359,706                                                                                             

               light and dark portions of the cycle.                                                                              

                      For the foregoing reasons, the rejection of Claims 1, 3/1, and 7/1 is reversed.                             







                      Claims 2, 3/2, 4, 5, 6, 7/2, 8, 9, and 10                                                                   

                      In the statement of rejection, the examiner merely refers to Fig. 1 of Wiklund for disclosure or            

               suggestion of the subject matter of Claim 2.  (Answer at 5.)  The examiner's response to arguments in              

               support of Claim 2 (principally at pages 16 and 17 of the Answer) also fails to deal with the specific             

               requirements of Claim 2.  The examiner has thus failed to set forth a prima facie case for obviousness of          

               the subject matter.  Accordingly, the rejection of Claims 2, 3/2, 4, 5, 6, 7/2, 8, 9, and 10 is reversed.          

                                                        CONCLUSION                                                                

                      The rejection of Claims 1-10 is reversed.                                                                   

                                                    REVERSED                                                                     





                                      ERROL A. KRASS                                )                                             
                                             Administrative Patent Judge            )                                             
                                                                                    )                                             

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