Ex parte HATTORI et al. - Page 28




          Appeal No. 1998-1655                                      Page 28           
          Application No. 08/367,766                                                  


               Our affirmances are based only on the arguments made in                
          the briefs.  Arguments not made therein are not before us, are              
          not at issue, and are considered waived.                                    


                                     CONCLUSION                                       
               In summary, the rejection of claims 1, 2, 4, 11, and 20                
          under 35 U.S.C. § 102(b) as anticipated by Yamada is affirmed.              
          The rejection of claims 1, 2, 4, 11, 20, 24, and 25 under                   
          35 U.S.C. § 103 as obvious over Yamada is also affirmed.                    


               The rejection of claims 3, 8-10, 21, and 23 under                      
          § 102(b) as anticipated by or under § 103 as obvious over                   
          Yamada is reversed.  The rejection of claims 12-16, 22, and                 
          24-29 under § 103 as obvious over Yamada is also reversed.  In              
          addition, the rejection of claims 17-19 under § 103 as obvious              
          over Yamada in view of Takahara is reversed.                                


               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 C.F.R.                 
          § 1.136(a).                                                                 









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