Ex Parte NAKAMURA et al - Page 4



          Appeal No. 2000-0660                                                        
          Application No. 08/985,278                                                  

          Hayashi and Young.  Claims 7 and 9 through 11 stand rejected                
          under 35 U.S.C. § 103 as being unpatentable over Hayashi and                
          Hayabuchi.  Claim 8 stands rejected under 35 U.S.C. § 103 as                
          being unpatentable over Hayashi, Hayabuchi and Young.                       
               Rather than repeat the arguments of the Appellants or the              
          Examiner, we make reference to the Reply Brief1 and the Answer              
          for the respective details thereof.                                         
                                       OPINION                                        
               After a careful review of the evidence before us, we agree             
          with the Examiner that claims 1 and 2 are properly rejected under           
          35 U.S.C. § 102.  Thus we will sustain the rejection of these               
          claims but we will reverse the rejection of the remaining claims,           
          claims 3 and 5 through 11, on appeal for the reasons set forth              
          infra.                                                                      
               First, we will consider the rejection of claims 1 and 2                
          under 35 U.S.C. § 102 as being anticipated by Hayashi.  We find             
          on page 6, lines 15-19 of the brief, that Appellants have                   
          provided a statement that claims 1 and 2 stand and fall together,           
          claims 5, 6, 7, 9 and 10 stand and fall together, and claims 3, 8           

               1  Appellants filed an appeal brief, on August 4, 1999.                
          Appellants filed a reply brief on December 9, 1999.  The Examiner           
          mailed an office communication on January 13, 2000, stating that            
          the reply brief has been entered.                                           
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