Ex Parte TSUJI et al - Page 9



          Appeal No. 2001-0241                                                        
          Application No. 08/997,373                                                  

          probative value to outweigh the evidence of obviousness                     
          represented by the collective teachings of Lauke and Nippon.                
               In conclusion, based on the foregoing, the examiner's                  
          rejections of claims 1-15, using Nishikawa as a primary                     
          reference, are reversed.  The examiner's rejection of claims 1,             
          3-6, 9-11 and 13-15 under 35 U.S.C. § 103 over Lauke in view of             
          Nippon is affirmed.  As a result, the examiner's decision                   
          rejecting the appealed claims is affirmed-in-part.                          
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         ROMULO H. DELMENDO            ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         MARK NAGUMO                   )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     

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