Appeal No. 2000-0093
Application No. 08/874,812
matter recited in the independent claims and the prior art are such that the subject
matter as a whole would have been obvious at the time the invention was made to a
person having ordinary skill in the art.
Accordingly, we shall not sustain the standing 35 U.S.C. § 103(a) rejection of
independent claims 1, 8, 13 and 26, and dependent claims 9 through 11, 14 through 19
and 22 through 25, as being unpatentable over either Tamura ‘541 or Tamura ‘340.
SUMMARY
The decision of the examiner:
a) to reject claims 13 through 19 and 22 through 25 under 35 U.S.C. § 112,
second paragraph, is affirmed; and
b) to reject claims 1, 8 through 11, 13 through 19 and 22 through 26 under 35
U.S.C. § 103(a) as being unpatentable over either Tamura ‘541 or Tamura ‘340 is
reversed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
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