Ex Parte DE HAAN et al - Page 6




          Appeal No. 2003-1085                                                        
          Application No. 09/190,670                                                  

               For Suzuki to anticipate the method claimed in the                     
          appellants’ claim 4, it is only necessary for the disclosure of             
          one mode to set forth the claim requirement relied upon by the              
          appellants.  As discussed above, that claim requirement is met by           
          Suzuki’s direct mode disclosure (col. 38, lines 9-12).                      
               Accordingly, we find that Suzuki anticipates the method                
          claimed in the appellants’ claim 4.  We therefore affirm the                
          rejection of that claim and claims 6-10 that stand or fall                  
          therewith.                                                                  
                                      DECISION                                        
               The rejections of claims 1 and 3 under 35 U.S.C. § 103 over            
          Suzuki in view of Yamashita, and claims 4 and 6-10 under                    
          35 U.S.C. § 102(e) over Suzuki, are affirmed.                               
                                      AFFIRMED                                        


                                                       )                              
                         Terry J. Owens                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         Anita Pellman Gross           )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         Lance Leonard Barry           )                              
                         Administrative Patent Judge   )                              
          TJO/eld                                                                     

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007