Ex parte NAKAMURA et al. - Page 4




                 Appeal No. 2001-0327                                                                                                                   
                 Application 08/990,295                                                                                                                 



                                   Claims 1 through 4, 6 through 11, 13 through 16 and                                                                  
                 18 stand rejected under 35 U.S.C. § 103(a) as being                                                                                    
                 unpatentable over Lo in view of Nakagawa.  The details of this                                                                         
                 rejection are set forth on pages 3-5 of the examiner’s answer                                                                          
                 (Paper No. 20).1                                                                                                                       




                 OPINION                                                                                                                                
                                   In reaching our decision in this appeal, we have                                                                     
                 given careful consideration to appellants’ specification and                                                                           
                 claims, to the applied prior art references, and to the                                                                                
                 respective positions articulated by appellants and the                                                                                 
                 examiner.  As a consequence of our review, we have made the                                                                            
                 determination which follows.                                                                                                           






                          1We note that the examiner’s position as set forth in the                                                                     
                 answer is somewhat different than that which was set forth in                                                                          
                 the final rejection (Paper No. 8).  However, appellants have                                                                           
                 filed a reply brief (Paper No. 22) addressing the examiner’s                                                                           
                 new position and also the miscellaneous communication mailed                                                                           
                 to appellants on March 24, 2000 (Paper No. 19).                                                                                        
                                                                           4                                                                            





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