Appeal No. 2001-2559
Application No. 09/276,722
The Applied References
The references applied in the final rejection are:2
Sawashita (JP ‘046) 60-094046 May 27, 1985
(published Japanese Kokai Patent Application)
Komatsu et al. (JP ‘613) 61-000613 Jan. 6, 1986
(published Japanese Kokai Patent Application)
The Examiner’s Rejection
Claims 13-15, 17, 18 and 21 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over the combined teachings of JP
‘046 and JP ‘613.3 The examiner’s explanation of the rejection
is found on pages 4-5 of the supplemental final rejection and is
reproduced in its entirety below (with emphasis added):
§ 1.75(d)(1), it should be amended to provide an antecedent basis
for this term.
2Our understanding of these Japanese language patent
documents is derived from translations prepared on behalf of the
Patent and Trademark Office. Copies of the translations are
attached to this decision.
3Although the answer indicates on page 3 that the rejection
is as set forth “in [the] prior Office action, Paper No. 13”
(i.e., the supplemental final rejection), the order in which the
references are applied in the answer is stated to be “JP ‘613 in
view of JP ‘046,” whereas in the supplemental final rejection it
is stated to be “JP ‘046 A in view of JP ‘613.” The question of
which reference is relied upon as the primary reference is of no
moment since, in the final analysis, it is the combined teachings
of the applied references that must be considered under the test
set forth in In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881
(CCPA 1981). See also In re Bush, 296 F.2d 491, 496, 131 USPQ
263, 267 (CCPA 1961).
3
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