Ex parte KANEKO et al. - Page 18




          Appeal No. 1999-2058                                                        
          Application 08/433,643                                                      

          Claims 4 and 7                                                              
               Claim 4 depends on claim 2 and further recites                         
          limitations which are already found in claim 1.  For this                   
          reason, we enter a new ground of rejection infra under                      
          35 U.S.C. § 112, fourth paragraph.  It appears that when                    
          Appellants submitted the amendment (Paper No. 11) on                        
          June 9, 1997, to incorporate the subject matter of claim 3                  
          (which contained essentially identical subject matter to                    
          claim 4, but which depended from claim 1) into claim 1,                     
          Appellants inadvertently forgot to cancel claim 4 which                     
          duplicates this subject matter.                                             
               The limitations of claim 4 are found in claim 1, which                 
          has already been addressed.  The rejection of claims 4 and 7                
          is sustained.                                                               

          Claim 5                                                                     
               The Examiner finds (FR6) that Endo teaches the feature of              
          claim 5 at column 2, lines 3-24.  Appellants argue that the                 
          applied prior art does not teach this feature, but does not                 
          address the Examiner's reasoning (Br9).                                     
               It is Appellants' responsibility to specify the errors in              
          the rejection.  37 CFR § 1.192(c)(8)(iv).  General allegations              
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