Ex Parte MORIMOTO et al - Page 9



          Appeal No. 2001-0112                                                        
          Application No. 08/486,494                                                  

               In light of the above, the standing rejection of 1-3, 10,              
          11, 21 and 22 as being anticipated by Tukihara is not                       
          sustainable.                                                                
               The Section 103 rejection of claim 14 based on Tukihara has            
          also been considered.  Even if we were to agree with the examiner           
          that the dimensions called for in dependent claim 14 are obvious            
          matters of design choice, the subject matter as a whole of claim            
          14, which depends from claim 1, would not result for the reasons            
          discussed above.  Therefore the rejection of claim 14 also cannot           
          be sustained.                                                               
               The Suzue reference additionally applied in the Section 103            
          rejection of 12, 13, and 17, and the Cushman reference                      
          additionally applied in the Section 103 rejection of claims                 
          15 and 16 have been considered, but do not make up for the                  
          deficiencies of Tukihara discussed in our treatment of claims 1-            
          3, 10, 11, 21 and 22.  Therefore, the Section 103 rejections of             
          these claims likewise cannot be sustained.                                  






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