Appeal No. 1998-3135 Page 3
Application No. 08/789,519
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Itoh et al. (Itoh) 4,993,053 Feb. 12,
1991
Kadota 56-036162 Apr. 9,
1981
(Japanese Patent ) 3
Claim 5 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Kadota. Claim 6 stands rejected under 35
U.S.C. § 103 as unpatentable over Itoh.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellants regarding the above-noted
rejections, we make reference to the examiner’s answer (Paper
No. 38, mailed July 1, 1998) for the examiner’s reasoning in
support of the rejections, and to the appellants’ brief (Paper
No. 37, filed June 15, 1998) for the appellants’ arguments
thereagainst. Only those arguments actually made by the
appellants have been considered in this decision. Arguments
3 In determining the teachings of Kadota, we will rely on the
translation provided by the USPTO. A copy of the translation is attached for
the appellants’ convenience.
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