Ex Parte HIRST - Page 10




              Appeal No. 2000-0946                                                                Page 10                 
              Application No. 08/704,217                                                                                  


              Accordingly, we conclude that the Oishi patent is analogous art with respect to                             
              appellant’s invention.                                                                                      
                     For the foregoing reasons, the arguments in appellant’s brief do not persuade us                     
              of any error in the examiner’s determination that the subject matter of claim 1 is                          
              unpatentable over Oishi.  Therefore, rejection (2) is sustained as to claim 1, as well as                   
              claims 2-4 which are grouped therewith.                                                                     





                                                     CONCLUSION                                                           
                     To summarize, the decision of the examiner to reject claims 1-4 under 35 U.S.C.                      
              § 103(a) is affirmed.                                                                                       






















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