Ex parte MARUYAMA et al. - Page 3




          Appeal No. 1997-1181                                       Page 3           
          Application No. 08/000,735                                                  


          Shooichi et al.                    3285540        Dec. 16, 19912            
               (Japanese patent document)                                             

               The following rejection is before us for review.3                      
               Claims 1 and 2 stand rejected under 35 U.S.C. § 102(b) as              
          being anticipated by the Japanese document.4                                
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the answer and supplemental                 
          answer (Paper Nos. 19 and 23) for the examiner's complete                   
          reasoning in support of the rejection and to the brief, reply               
          brief, supplemental reply brief and supplemental brief (Paper               
          Nos. 15, 21, 24 and 29) for the appellants’ arguments                       
          thereagainst.                                                               
                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants’ specification and                  
          claims, to the applied prior art reference, and to the                      

               2 An English language translation of this reference, prepared by the   
          Patent and Trademark Office, is appended hereto.                            
               3 The rejection of claims 3 and 4 under the second paragraph of 35     
          U.S.C. § 112 was overcome by the amendment of Paper No. 11 (see Paper No. 12).
               4 The rejection of claim 2 under 35 U.S.C. § 102(b) was a new ground of
          rejection entered in the answer.  The examiner has withdrawn all rejections of
          claims 3-5.                                                                 





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