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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