Ex parte NAKAGAWA et al. - Page 5




          Appeal No. 1999-2284                                                        
          Application 08/798,443                                                      


          Claims 1-3, 5-7, 9, 13 and 14 stand rejected under 35 U.S.C.                
          § 102(b) as being anticipated by Vettel et al. (“Vettel”).                  
          Claims 4, 8, and 10-12 stand rejected under 35 U.S.C. § 103(a)              
          as being obvious over Vettel.  Rather than repeat the                       
          arguments of the Appellants and the Examiner, we refer the                  
          reader to the Appellants' Briefs1 and Examiner's Answer2 for                
          the respective details thereof.                                             
                                       OPINION                                        
               With full consideration being given the subject matter on              
          appeal, the Examiner's rejection and the arguments of                       
          Appellants and the Examiner, for the reasons stated infra, we               
          will reverse the Examiner's rejection of claims 1-3, 5-7, 9,                
          13 and 14 under 35 U.S.C. § 102(b) as being anticipated by                  
          Vettel.  We will also reverse the Examiner's rejection of                   
          claims 4, 8, and 10-12 under 35 U.S.C. § 103(a) as                          
          unpatentable over Vettel.                                                   


               1 Appellants filed an Appeal Brief ("Brief") on                        
          December 11, 1998.  Appellants subsequently filed a Reply Brief             
          on March 4, 1999.                                                           

               2 The Examiner, in response to Appellants' Brief, filed an             
          Examiner's Answer on December 31, 1998.                                     
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