Ex Parte YAMAGUCHI et al - Page 3




          Appeal No. 2002-2092                                                        
          Application 09/328,467                                                      


          Claims 5 and 6 stand rejected under 35 U.S.C. § 103(a) as                   
          being unpatentable over Yamaguchi in view of Passaniti.                     


          Rather than attempt to reiterate the examiner's full                        
          commentary with regard to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and appellants              
          regarding those rejections, we make reference to the examiner's             
          answer (Paper No. 18, mailed March 12, 2002) for the reasoning in           
          support of the rejections, and to appellants’ brief (Paper No.              
          17, filed January 4, 2002) and reply brief (Paper No. 20, filed             
          May 31, 2002) for the arguments thereagainst.                               


               OPINION                                                                


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellants’ specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellants and the examiner.  As a consequence of            
          our review, we have made the determinations which follow.                   





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