Appeal No. 1998-2393
Application No. 08/295,874
to make no mention of “elastic” in connection with the
separate sheet of different material. To confirm the Adati
translation, appellants also provide an additional partial
English translation referred to as Asamura Patent Office
(Asamura), which Asamura translation is indicated to show that
there is no mention of the word “elastic” in connection with
the separate sheet. Based upon the inaccurate translation
relied upon by the Board, appellants conclude (request, page
7) that the earlier decision should be modified to reverse the
respective
final rejections of claims 14 through 24, 26, 28 through 38,
40, and 41.
Having fully considered the office translation of the
Japanese reference that we relied upon in sustaining the
examiner’s rejections based thereon, the argument advanced in
the request, and the respective Adati and Asamura
translations, we find ourselves in accord with the appellants’
point of view that the office translation erred in referencing
the another separate sheet as being elastic.
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