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. 44Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007