Ex Parte YAMANAKA et al - Page 3




         Appeal No. 2003-1883                                                       
         Application No. 08/953,488                                 Page 3          


              Claims 21, 23-25, and 28 stand rejected under 35 U.S.C.               
         § 103(a) as unpatentable over Mandel in view of Salgado.                   
              Rather than reiterate the conflicting viewpoints advanced by          
         the examiner and appellants regarding the above-noted rejections,          
         we make reference to the examiner's answer (Paper No. 33, mailed           
         December 31, 2002) for the examiner's complete reasoning in                
         support of the rejections, and to appellants' brief (Paper No.             
         32, filed October 22, 2002) and reply brief (Paper No. 34, filed           
         February 7, 2003) for appellants' arguments thereagainst.  Only            
         those arguments actually made by appellants have been considered           
         in this decision.  Arguments which appellants could have made but          
         chose not to make in the brief have not been considered.  See 37           
         CFR 1.192(a).                                                              


                                      OPINION                                       
              In reaching our decision in this appeal, we have carefully            
         considered the subject matter on appeal, the rejections advanced           
         by the examiner, and the evidence of anticipation and obviousness          
         relied upon by the examiner as support for the rejections.  We             
         have, likewise, reviewed and taken into consideration, in                  
         reaching our decision, appellants' arguments set forth in the              
         briefs along with the examiner's rationale in support of the               







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