Appeal No. 2001-2132 7
Application No. 08/985,443
As to the rejection under Section 103, it is well settled that the ultimate obviousness
is lack of novelty. The claims cannot have been anticipated and not have been obvious.
In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982).
DECISION
The rejection of claims 54, 55, 59, 61, 65, 73, 76, 79, 80, 82 and 83 under
35 U.S.C. § 102(b) as being anticipated by Shigemoto is affirmed.
The rejection of claims 54 through 57, 59, 61, 64 through 69, 70, 73 through
76, 79, 80, 82, 83 and 86 under 35 U.S.C. § 103(a) as being unpatentable over
Shigemoto is affirmed.
The decision of the examiner is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED
)
BRADLEY R. GARRIS )
Administrative Patent Judge ) BOARD OF PATENT
) APPEALS
) AND
) INTERFERENCES
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