Ex Parte ASAI et al - Page 3



                    Appeal No. 2002-2155                                                                                                                                  
                    Application No. 09/003,276                                                                                                                            

                    Rather than reiterate the examiner's full commentary                                                                                                  
                    concerning 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. 35, mailed April 25, 2002) for the examiner's                                                                                              
                    reasoning in support of the rejections, and to appellants' brief                                                                                      
                    (Paper No. 34, filed March 26, 2002) and reply brief (Paper No.                                                                                       
                    37, filed June 24, 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.                                                                                             

                    Looking first to the examiner's rejection of claims 1, 3, 5                                                                                           
                    through 7 and 9 under 35 U.S.C. § 102(b), we observe that, in                                                                                         
                    pertinent part, the examiner has made the determination that                                                                                          
                    Kanou discloses                                                                                                                                       

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