Appeal No. 2002-0195
Application No. 09/174,977
that the preponderance of evidence weighs most heavily in favor of
obviousness within the meaning of section 103(a). Therefore we
affirm the examiner’s rejection of claim 31, and claims 32-39 which
stand or fall with claim 31, under 35 U.S.C. § 103(a) over
Nakamura.
D. Other Issues
The examiner in this appeal has inexplicably withdrawn any
rejection based on Izumimoto, even though a rejection based on this
reference was affirmed in parent Appeal No. 1995-3770. In the
event of further or continuing prosecution before the examiner,
based on our similar claim construction for the claims in this
appeal and the claims of Appeal No. 1995-3770, the examiner should
reconsider the patentability of the claims in this application in
view of Izumimoto.
E. Summary
The examiner’s rejection of claims 22-30 under 35 U.S.C.
§ 103(a) over Nakamura is reversed.
The examiner’s rejection of claims 31-39 under 35 U.S.C.
§ 103(a) over Nakamura is affirmed.
Accordingly, the decision of the examiner is affirmed-in-part.
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