Appeal No. 2002-1603
Application 09/320,853
expressly or by way of inherency, and that the examiner’s
rejection of claim 1 under 35 U.S.C. § 102(b) based on Otsuka is
sustained, we conclude that claims 4 and 5 will fall with
independent claim 1, and that the examiner’s rejections of claims
4 and 5 under 35 U.S.C. § 103(a) will also be sustained.
To summarize, we note that the rejection of claim 1 under
35 U.S.C. § 102(b) as being anticipated by Otsuka is sustained,
as are the examiner’s rejections of claims 4 and 5 under
35 U.S.C. § 103(a). Thus, the decision of the examiner rejecting
claims 1, 4 and 5 of the present application is affirmed.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007