Appeal No. 2001-0338
Application No. 08/932,953
Claim 13 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Schoolman, Tonosaki and Oyagi.
Rather than repeat the arguments of Appellants or the
Examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
With full consideration being given the subject matter on
appeal, the Examiner's rejections and the arguments of Appellants
and the Examiner, for reasons stated infra, we affirm the
Examiner's rejection of claims 5-13, 17-19 and 21-23 under
35 U.S.C. § 103.
A. Rejection of Claims 5-7, 9-12, 17, 21 and 23
Under 35 U.S.C. § 103
At the outset, we note that Appellants state on page 4 of
the brief that claim 23 stands or falls with claim 21 and each of
the other claims are argued separately. We note that claim 5 is
argued separately on pages 6 through 9 of the brief. However,
the same arguments for claim 5 are repeated for claims 6, 7, 9
through 12, 17 and 21 on pages 9 and 11 of the brief.
37 CFR § 1.192 (c)(7) (July 1, 1998) as amended at 62 Fed.
Reg. 53196 (October 10, 1997), which was controlling at the time
of Appellants' filing the brief, states:
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