Appeal No. 2003-0487
Application No. 09/158,925
Rejections at Issue
Claims 1 through 14 stand rejected under 35 U.S.C. § 103 as being unpatentable
over applicants’ admitted prior art of figure 1 in view of Iwanaga. Claims 1 through 14
stand rejected under 35 U.S.C. § 102 as being anticipated by Hayashi.1
Opinion
We have carefully considered the subject matter on appeal, the rejections
advanced by the examiner and the evidence of obviousness and anticipation relied
upon by the examiner as support for the rejections. We have, likewise, reviewed and
taken into consideration, in reaching our decision, the appellants’ arguments set forth in
the briefs,2 along with the examiner’s rationale in support of the rejections and
arguments in rebuttal set forth in the examiner’s answer.
With full consideration being given to the subject matter on appeal, the
examiner’s rejections and the arguments of appellants and examiner, for the reasons
stated infra, we reverse both the examiner’s rejection of claims 1-14 under 35 U.S.C.
§ 103 and the examiner’s rejection of claims 1-14 under 35 U.S.C. § 102.
Appellants’ arguments directed to the rejection of claims 1 through 14 under
35 U.S.C. § 103 are on pages 8 through 17 of the brief. On page 14 of the brief
appellants argue:
1 The Examiner states on page 1 of the answer that the rejection based upon 35 U.S.C. § 112, second
paragraph, and the rejection based upon 35 U.S.C. §103 which uses Hayashi (U.S. Patent No.
5,455,813) are withdrawn.
2 Appellants filed an appeal brief dated June 6, 2002 and a reply brief dated January 3, 2003. The
examiner mailed out an Office communication on April 9, 2003 stating that the reply brief has been
considered.
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