Ex Parte HOEFLICH et al - Page 15




              Appeal No. 2002-0265                                                               Page 15                
              Application No. 08/787745                                                                                 


              rejection under Section 112.  Further in this regard, however, the reasoning we                           
              articulated in our refusal to sustain the rejection of claims 1-3 under 35 U.S.C. § 102                   
              and claims 5 and 6 under 35 U.S.C. § 103 should not be overlooked in future                               
              prosecution of claims 5-9 and 11-21, should the indefiniteness present therein be                         
              overcome by appropriate recasting of the terminology in issue.                                            
                     The rejection of claims 7-9, 11, 13-16 and 18 as being unpatentable over                           
              Akatsuka ‘450 in view of Hogan and Iwanaga is not sustained.                                              
                     The rejection of claim 12 as being unpatentable over Akatsuka ‘450 in view of                      
              Hogan, Iwanaga and Akatsuka ‘396 is not sustained.                                                        
                     The rejection of claim 17 as being unpatentable over Akatsuka ‘450 in view of                      
              Hogan, Iwanaga and Huang is not sustained.                                                                
                     The rejection of claims 19 and 20 as being unpatentable over Akatsuka ‘450 in                      
              view of Hogan is not sustained.                                                                           
                     The rejection of claim 21 as being unpatentable over Akatsuka ‘450 in view of                      
              Iwanaga is not sustained.                                                                                 
                                                    CONCLUSION                                                          
                     None of the examiner’s rejections are sustained.                                                   
                     The decision of the examiner is reversed.                                                          











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