Ex Parte BINNIG et al - Page 3



          Appeal No. 2003-0750                                                        
          Application 09/310,650                                                      


               Claims 56-71, 74-78, 80, 81, 88-94, 97, 109-111, 114, 117                                                                     
          and 118 stand finally rejected under 35 U.S.C. § 102(b) as being            
          anticipated by Nagao.1  Claims 72, 73, 79, 82-87, 95, 96, 98-108,           
          112, 113, 115, and 116 stand finally rejected under 35 U.S.C.               
          § 103(a).  As evidence of obviousness the Examiner offers Nagao             
          in view of Wical with respect to claims 72, 73, 79, 82-87, and              
          115, Nagao in view of Suda with respect to claims 95, 96, 112,              
          113, and 116, and Nagao in view of Wical and Krawchuk with                  
          respect to claims 98-108.                                                   
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs, the final Office                 
          action, and Answer for the respective details.2                             

                                      OPINION                                         
               We have carefully considered the subject matter on appeal,             
          the rejections advanced by the Examiner, and the evidence of                

               1 Claim 118, although inadvertently omitted from the statement of the  
          grounds of rejection, is intended to be included in the rejection as indicated
          by the Examiner (final Office action, page 7, para. 24).                    
               2 Subsequent to the final Office action mailed March 5, 2002 (Paper No.
          12, the Appeal Brief was filed September 9, 2002 (Paper No. 18).  In response
          to the Examiner’s Answer dated November 14, 2002 (Paper No. 19), a Reply Brief
          was filed January 27, 2003 (Paper No. 20), which was acknowledged and entered
          by the Examiner as indicated in the communication dated February 4, 2003    
          (Paper No. 21).                                                             
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