Ex Parte YAMASHITA - Page 7



          Appeal No. 1999-2691                                                        
          Application No. 08/590,348                                                  

          apparatus.  The control circuitry 111 through 113 in                        
          Higashitsutsumi is incapable of performing any of the functions             
          ascribed to it by the examiner (answer, page 5).  For these                 
          reasons, the 35 U.S.C. § 103(a) rejection of claim 4 is reversed.           
               The 35 U.S.C. § 103(a) rejection of claims 5 and 6 is reversed         
          because the teachings of Hasegawa ‘114 do not cure the noted                
          shortcomings in the teachings of Hirota and Higashitsutsumi.                
                                       DECISION                                       
               The decision of the examiner rejecting claim 7 under 35 U.S.C.         
          § 102(b) is affirmed, and the decision of the examiner rejecting            
          claims 4 through 6 under 35 U.S.C. § 103(a) is reversed.                    
          Accordingly, the decision of the examiner is affirmed-in-part.              













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