Appeal No. 2000-1699
Application No. 08/706,123
Rather than repeat the arguments of appellants or the
examiner, we make reference to the briefs and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the evidence
of anticipation and obviousness relied upon by the examiner as
support for the rejections. We have, likewise, reviewed and
taken into consideration, in reaching our decision, the
appellants’ arguments set forth in the briefs along with the
examiner’s rationale in support of the rejections and arguments
in rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record before
us, that the evidence relied upon does not support either of the
rejections set forth by the examiner. Accordingly, we reverse.
We consider first the rejection of claims 25, 27, 3, 4,
6-9 and 20-24 under 35 U.S.C. § 102(b) as being anticipated by
the disclosure of Tejima. Anticipation is established only when
a single prior art reference discloses, expressly or under the
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