Ex Parte CHEN et al - Page 10




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

                                      )                                                                                             
               PAUL LIEBERMAN                             )                                                                         
                                      Administrative Patent Judge                    )                                              
                                                                                     )                                              
               )BOARD OF PATENT                                                                                                     
               )      APPEALS                                                                                                       
               )          AND                                                                                                       
               )INTERFERENCES                                                                                                       
               JAMES T. MOORE                              )                                                                        
                                      Administrative Patent Judge                   )                                               

               PL/lp                                                                                                                
               PAK, Administrative Patent Judge, concurring-in-part and dissenting-in-part.                                         
               Although I share the majority’s view that the claimed subject matter would not have                                  
               been obvious to one of ordinary skill in the art in view of the applied prior art references, I do                   
               not see any reason to remand this case to the examiner.   I write separately to clarify my                           
               reasons for concurrence and to state my reasons for dissent.                                                         
               As pointed out by the examiner and the appellants, the claims on appeal are rejected as                              
               follows:                                                                                                             
               1)     Claims 1 through 7, 9 through 14, 16 through 26, 28 through 30 and 33 through 36                              
               under 35 U.S.C. 103 as unpatentable over Liao in view of Wright and Miyashita; and                                   
               2)     Claims 8, 15 and 27 under 35 U.S.C. 103 as unpatentable over Liao in view of                                  
               Wright, Miyashita and Sato.                                                                                          



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