Ex Parte Kusumoto et al - Page 3



                    Appeal No. 2003-1937                                                                                                                                  
                    Application No. 09/522,296                                                                                                                            

                    Minabe                                           5,961,394                                         Oct.  5, 1999                                      
                    Drajan, Jr., et al.                              6,033,318                                         Mar.  7, 2000                                      
                    (Drajan)                                                                                                                                              
                    Mockridge                              GB 2 230 459                                                Oct. 24, 1990                                      
                    (Published UK Patent Application)                                                                                                                     

                    Claims 1, 6 through 12, 14, 15, 18, 28 and 29 stand rejected                                                                                          
                    under 35 U.S.C. § 103(a) as being unpatentable over Mockridge in                                                                                      
                    view of Take, Helmstetter and Drajan.                                                                                                                 

                    Claims 1, 2, 3, 5 and 16 stand rejected under 35 U.S.C.                                                                                               
                    § 103(a) as being unpatentable over Endo in view of Take,                                                                                             
                    Helmstetter and Drajan.                                                                                                                               

                    Claims 1, 13, 20 and 211 stand rejected under 35 U.S.C.                                                                                               
                    § 103(a) as being unpatentable over Mockridge in view of Take,                                                                                        
                    Helmstetter and Drajan as applied above, and further in view of                                                                                       
                    Minabe.                                                                                                                                               


                              1 We note that claim 21 is dependent from claim 2, which, in                                                                                
                    turn, is dependent from claim 1.  Thus, the examiner's rejection                                                                                      
                    of claim 21 over a combination of prior art references which is                                                                                       
                    different from the combination of references applied in the                                                                                           
                    rejection of claim 2, below, is somewhat confusing.  Our                                                                                              
                    disposition of the examiner's rejections on appeal makes this a                                                                                       
                    moot issue for purposes of the appeal.                                                                                                                
                                                                                    33                                                                                    




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