Ex parte SATO et al. - Page 4




                 Appeal No. 1997-3959                                                                                                                   
                 Application No. 08/183,693                                                                                                             


                 35 U.S.C. § 103  over Uchiyama.  Claims 67-71 stand rejected3                                                                                                           
                 under 35 U.S.C. § 103  over Uchiyama and Senoo.4                                                                                                
                          Rather than repeat in verbatim the arguments of                                                                               
                 Appellants and the Examiner, we make reference to the briefs5                                                                          
                 and the answer for their respective details thereof.                                                                                   


                 OPINION                                                                                                                                
                         We have considered the rejections advanced by the                                                                             
                 Examiner and the supporting arguments.  We have, likewise,                                                                             
                 reviewed  Appellants’ arguments set forth in the briefs.                                                                               
                          We affirm in part.                                                                                                            
                          In our analysis, we are guided by the precedence of our                                                                       
                 reviewing court that the limitations from the disclosure are                                                                           
                 not to be imported into the claims.  In re Lundberg, 244 F.2d                                                                          
                 543, 113 USPQ 530 (CCPA 1957); In re Queener, 796 F.2d 461, 230                                                                        

                          3These claims remain on appeal after Appellants have                                                                          
                 withdrawn the appeal of the other claims listed on page 5 of                                                                           
                 the Examiner's answer.                                                                                                                 
                          4Claims 47-51 listed on page 6 of the Examiner's answer                                                                       
                 under this rejection have been withdrawn by Appellants from                                                                            
                 appeal.                                                                                                                                
                          5A reply brief was filed on October 24, 1997, and was                                                                         
                 entered by the Examiner on April 3, 2000.                                                                                              
                                                                           4                                                                            





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