Appeal No. 1999-0853
Application No. 08/709,869
On pages 4-6 of the answer, the Examiner argues that
claims 10 through 17 are rejected under 35 U.S.C. § 103 as
being unpatentable over Shimizu. For the same reasons above,
we fail to find that the Examiner has shown that Shimizu
teaches or suggests the above claim 9 limitations. Because
claims 10 through 17 depend from claim 9, and therefore
include all the limitations of claim 9, we will not sustain
the Examiner's rejection of claims 10 through 17 under 35
U.S.C. § 103.
In view of the foregoing, the decision of the Examiner
rejecting claims 1 through 17 is reversed.
REVERSED
JERRY SMITH )
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