Appeal No. 2002-1411
Application No. 09/144,535
The references relied upon by the examiner are:
Mihara 4,823,172 Apr. 18, 1989
Coe et al. (Coe) 4,904,613 Feb. 27, 1990
Tanabe et al. (Tanabe) 5,598,016 Jan. 28, 1997
Grounds of Rejection
1. Claims 1, 3-10, 12-15, 17-21, 32-35 and 37-41 stand
rejected under 35 U.S.C. § 112, first paragraph.
2. Claims 40 and 41 stand rejected under 35 U.S.C. § 112,
first paragraph.
3. Claims 1, 3-10, 12-15, 17-21, 32-35 and 37-41 stand
rejected under 35 U.S.C. § 103(a) as unpatentable over Mihara in
view of Coe.
4. Claims 11 and 36 stand rejected under 35 U.S.C. § 103
as unpatentable over Mihara and Coe and further in view of
Tanabe.
We reverse as to all four grounds of rejection.1
1 Appellant also requests that the Board reverse the examiner’s
objections to the drawings and specification. See appeal brief, paper no. 30,
received November 30, 2001, page 5, issue no. 1. However, as indicated by the
examiner, this issue relates to petitionable subject matter under 37 CFR 1.181
and is not appealable subject matter. See, examiner’s answer, paper no. 31,
mailed January 15, 2002, page 3, paragraph (6).
4
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