Ex Parte HEDINGER - Page 3




          Appeal No. 2002-1627                                                        
          Application No. 09/132,450                                                  


               Claims 1-8 and 10-15, all of the appealed claims, stand                
          finally rejected under 35 U.S.C. § 103 as being unpatentable over,          
          in the alternative, Ichikawa or Yamakita.                                   
               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Brief (Paper No. 11) and the             
          Answer (Paper No. 14) for the respective details.1                          
                                      OPINION                                         
               We have carefully considered the subject matter on appeal, the         
          rejections advanced by the Examiner and the evidence of                     
          obviousness relied upon by the Examiner as support for the                  
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, Appellant’s arguments set          
          forth in the Brief along with the Examiner’s rationale in support           
          of the rejections and arguments in rebuttal set forth in the                
          Examiner’s Answer.                                                          
               With respect to the Examiner’s 35 U.S.C. § 103 rejection of                                                                     
          claims 1-8 and 10-15 based on Ichikawa and the 35 U.S.C. § 103              
          rejection of claims 1-7 based on Yamakita, it is our view that the          
          evidence relied upon and the level of skill in the particular art           
          would not have suggested to one of ordinary skill in the art the            


               1 In response to Notification of Non-Compliance, Appellant filed (Paper
          No. 13) a corrected appendix containing a correct copy of the appealed claims.
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