Ex Parte CHEN et al - Page 9




               Appeal No. 2001-2146                                                                                                 
               Application No. 09/270,588                                                                                           

                       As a final point, we emphasize that we have considered the merits of the examiner’s                          
               rejection to the extent of the record before us.                                                                     
               The examiner must consider whether there is basis in Liao for each of the limitations in                             
               the claimed subject matter.                                                                                          

                       This application, by virtue of its "special" status requires an immediate action.   MPEP                     
               § 708.01 (8th ed., Aug. 2001).  It is important that the Board be informed promptly of                               
               any action affecting the appeal in this case (e.g., abandonment, issue, reopening prosecution).                      



                                                            DECISION                                                                

                       The rejection of claims 1through 7, 9 through 14, 16 through 26 and 28 through 36                            
               under 35 U.S.C. §103(a) as being unpatentable over Liao in view of Wright and Miyashita is                           
               reversed.                                                                                                            
               The rejection of claims 8, 15 and 27 under 35 U.S.C. §103(a) as being unpatentable                                   
               over as being unpatentable over Liao in view of Wright and Miyashita and further in view of                          
               Sato is reversed.                                                                                                    
               The decision of the examiner is reversed.                                                                            


                                                 REVERSED AND REMANDED                                                              



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