Ex parte WU et al. - Page 2




                     Appeal No. 1998-2334                                                                                                                                              
                     Application No. 08/348,385                                                                                                                                        
                     illustrated by independent claim 1, a copy of which taken from                                                                                                    
                     the appellants’ brief is appended to this decision.                                                                                                               
                                The reference set forth below is applied by the examiner                                                                                               
                     in the section 102 rejection before us:                                                                                                                           
                     Wu et al. (Wu)                                                   5,354,511                                            Oct. 11,                                    
                                                                                                                                           1994                                        
                                All of the appealed claims stand rejected under 35 U.S.C.                                                                                              
                     § 102(e) as being anticipated by Wu.1                                                                                                                             
                                We refer to the brief and reply brief and to the answer                                                                                                
                     for a complete exposition of the opposing viewpoints expressed                                                                                                    
                     by the appellants and by the examiner concerning the above                                                                                                        
                     noted rejection.                                                                                                                                                  
                                                                                   OPINION                                                                                             
                                We will sustain this rejection for the reasons set forth                                                                                               
                     in the answer and below.                                                                                                                                          
                                The examiner regards the here claimed method as being                                                                                                  
                     clearly anticipated by the Wu patent.  The appellants’                                                                                                            
                     contrary viewpoint is most succinctly expressed in the last                                                                                                       


                                1The appealed claims will stand or fall together; see                                                                                                  
                     page 5 of the brief and page 3 of the answer as well as 37 CFR                                                                                                    
                     § 1.192(c)(7)(8)(July 1996).  Accordingly, in resolving the                                                                                                       
                     issues before us on this appeal, we need focus only on claim 1                                                                                                    
                     which is the broadest independent claim on appeal.                                                                                                                
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