Ex parte HIRATA et al. - Page 3




          Appeal No. 1998-1470                                                        
          Application 08/533,740                                                      

               The Examiner relies on the following prior art:                        
               Hoogeveen et al. (Hoogeveen)       4,622,661   November                
          11, 1986                                                                    

               Claims 1-4, 6-9, and 11 stand rejected under 35 U.S.C.                 
          § 103 as being unpatentable over Hoogeveen.                                 
               We refer to the Final Rejection (Paper No. 6) and the                  
          Examiner's Answer (Paper No. 13) (pages referred to as "EA__")              
          for a statement of the Examiner's position and to the Appeal                
          Brief (Paper No. 12) (pages referred to as "Br__") for a                    
          statement of Appellants' arguments thereagainst.                            
                                       OPINION                                        
               Although Appellants identify claims 1-4 and 6 as one                   
          group of claims and claims 7-9 and 11 as a second group of                  
          claims (Br5), Appellants argue independent claims 1 and 7 as                
          one group and dependent claims 6 and 11 as a second group.                  
          Accordingly, we consider claims 1-4 and 7-9 to stand or fall                
          together, with claim 1 considered as representative, and                    
          claims 7 and 9 to be a second group, with claim 6 considered                
          as representative.                                                          

          Claims 1-4 and 7-9                                                          


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