Appeal No. 2000-0979
Application 08/767,743
Based on the record before us, the examiner has failed to
establish that Inoue discloses, either expressly or under the
principles of inherency, each and every element of the claimed
invention.
Accordingly, we will reverse the decision of the examiner
rejecting claims 1-5, 8, 11, 14, 15 and 17 under 35 U.S.C. §
102(e) as being anticipated by Inoue.
As applied by the examiner, Takagi does not make up for
the deficiencies of Inoue reference. Accordingly, we do not
sustain the rejection of claim 16 over Inoue in view of
Takagi.
C. Decision
The examiner’s rejection of claims 1-5, 8, 11, 14, 15 and
17 as being unpatentable under 35 U.S.C. § 102(e) as being
anticipated by Inoue is reversed.
The examiner’s rejection of claim 16 as being
unpatentable under 35 U.S.C. § 103 over Inoue in view of
Takagi is reversed.
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