Ex Parte YOUNG et al - Page 4




                   Appeal No. 2003-0583                                                                                                                                   
                   Application No. 09/270,688                                                                                                                             

                                                                           References                                                                                     
                              The references relied on by the Examiner are as follows:                                                                                    
                   Yanagida                                          5,088,864                                         Feb. 18, 1992                                      
                   Sundman                                           5,449,256                                         Sep. 12, 1995                                      
                   Garuet-Lempirou                                   5,712,803                                         Jan. 27, 1998                                      
                                                                  Rejections at Issue                                                                                     
                              Claim 13 stands rejected under 35 U.S.C. § 102 as being                                                                                     
                   anticipated by Yanagida.                                                                                                                               
                              Claims 1, 4 and 6-29 stand rejected under 35 U.S.C. § 103 as                                                                                
                   being unpatentable over Sundman and Garuet-Lempirou.                                                                                                   
                              Claim 3 stands rejected under 35 U.S.C. § 103 as being                                                                                      
                   unpatentable over Sundman and Garuet-Lempirou and further in view                                                                                      
                   of Appellants' prior art.1                                                                                                                             
                              Throughout the opinion, we make reference to the briefs2 and                                                                                
                   the answer for the respective details thereof.                                                                                                         




                              1 We note that the rejection of claims 1, 7-16 and 20-29                                                                                    
                   under 35 U.S.C. § 103 as being obvious over White and Sundman has                                                                                      
                   been withdrawn by the Examiner.  See page 3 of the Examiner's                                                                                          
                   answer.  Furthermore, the rejection of claims 1, 3, 4 and 6 under                                                                                      
                   35 U.S.C. § 103 as being obvious over White and Sundman and                                                                                            
                   further in view of admitted prior art has also been withdrawn by                                                                                       
                   the Examiner.  See page 3 of the Examiner's answer.                                                                                                    
                              2 Appellants filed an appeal brief on June 24, 2002.                                                                                        
                   Appellants filed a reply brief on November 4, 2002.  The Examiner                                                                                      
                   mailed out an Office communication on December 3, 2002, stating                                                                                        
                   that the reply has been entered into the record.                                                                                                       
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