Ex parte WARMERDAM et al. - Page 5




                 Appeal No. 2000-0142                                                                                     Page 5                        
                 Application No. 08/705,569                                                                                                             


                 anticipated by De La Plaza.  Claims 21 and 22 stand rejected                                                                           
                 under § 103(a) as obvious over De La Plaza in view of Seki.                                                                            
                 Claims 1-10, 14, 15, 19, and 20 stand rejected under 35 U.S.C.                                                                         
                 § 103(a) as obvious over AAPA in view of De La Plaza.                                                                                  
                 (Examiner’s Answer at 7.)                    2                                                                                         
                                                                     OPINION                                                                            
                          After considering the record, we are persuaded that the                                                                       
                 examiner erred in rejecting claims 1-10, 14, and 19 as                                                                                 
                 indefinite but not in so rejecting claims 15 and 20.  We are                                                                           
                 also persuaded that he did not err in rejecting claims 18 and                                                                          
                 19 as anticipated but did in so rejecting claim 20.  In                                                                                
                 addition, we are persuaded that the examiner did not err in                                                                            
                 rejecting claims 19, 21, and 22 as obvious but did so in                                                                               
                 rejecting claims 1-10, 14, 15 and 20.  Accordingly, we affirm-                                                                         
                 in-part.  We address the following rejections:                                                                                         
                          •        indefiniteness rejections                                                                                            
                          •        anticipation rejection over De La Plaza                                                                              


                          2Although the examiner includes a patent to Nagasawa in                                                                       
                 his “listing of the prior art of record relied upon in the                                                                             
                 rejection of claims under appeal,” (Examiner’s Answer at 4),                                                                           
                 the patent is not applied in the aforementioned grounds of                                                                             
                 rejection.                                                                                                                             







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