Ex parte KRASUSKI et al. - Page 4




                 Appeal No. 1998-0893                                                                                                                   
                 Application No. 08/196,440                                                                                                             

                 Suzuki                                                5,270,830                                    Dec. 14,                            
                 1993                                                                                                                                   
                                                                                         (filed Aug. 10, 1990)                                          
                 Published unexamined patent application                                                                                                
                 Isaka (Japan)                                         62-133520       2                   Jun. 16, 1987                                







                          Claims 6 through 8 and 10 through 13  stand rejected under       3                                                            
                 35 U.S.C. § 103 over Coons and Isaka, while claim 9 stands                                                                             
                 rejected over Coons, Isaka and Suzuki.                                                                                                 
                          Rather than repeat in toto the positions and the                                                                              
                 arguments of appellants or the examiner, we make reference to                                                                          
                 the briefs  and the answer for their respective positions.4                                                                                                                    


                          2An English translation of this Japanese unpublished                                                                          
                 patent application obtained by the U.S. Patent and Trademark                                                                           
                 Office is enclosed.                                                                                                                    
                          3Claim 13 incorporates claim 9.  Therefore, the rejection                                                                     
                 of claim 13 must necessarily contain at least the same                                                                                 
                 references as claim 9, and not fewer as the rejection states.                                                                          
                 However, for this decision, we do not reach that issue.                                                                                
                          4A reply brief was filed as Paper No. 17.  The examiner                                                                       
                 approved its entry without mailing any further response to the                                                                         
                 reply brief, Paper No. 19.                                                                                                             
                                                                           4                                                                            





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