Ex parte ENDO et al. - Page 3




          Appeal No.2000-1286                                                         
          Application No. 08/832,672                                                  


          reasoning in support of the rejection, and to appellants'                   
          Brief (Paper No. 15, filed July 8, 1999) and Reply Brief                    
          (Paper No. 19, filed November 10, 1999) for appellants'                     
          arguments thereagainst.                                                     
                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art reference, and the respective positions articulated               
          by appellants and the examiner.  As a consequence of our                    
          review, we will reverse the anticipation rejection of claims                
          1, 3, 6, and 7.                                                             
               Independent claim 1 recites, in pertinent part, "said                  
          short-circuiting electrode interposes between and electrically              
          connects said pair of detection electrodes."  The examiner                  
          asserts (Answer, page 4) that Saijo shows "short-circuiting                 
          electrode 14 interposes between and electrically connects the               
          pair of detection electrodes 33a, 33b."  Appellants, on the                 
          other hand, contend (Brief, pages 4-5, Reply Brief, pages 3-4)              
          that Saijo's short-circuiting electrode cannot interpose                    
          between the detection electrodes as the detection electrodes                
          abut against the short circuit electrode in a superimposing                 


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