Appeal No. 2003-2072
Application No. 09/735,439
References
Hamano et al. (Hamano) 5,293,087 Mar. 8, 1994
Miyata JP 06-085641 Mar. 25, 1994
Rejection at Issue
Claims 1 and 4 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Miyata and Hamano.
Throughout our opinion, we will make reference to the
briefs1 and the answer for the respective details thereof.
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner's rejection and arguments of Appellant and
the Examiner, for the reasons stated infra, we will sustain the
Examiner's rejection of claims 1 and 4 under 35 U.S.C. § 103.
At the outset, we note that Appellant states on page 3 of
the brief that claims can be considered as a single group.
Furthermore, we note that Appellant has argued the claims as a
single group in the brief and reply brief.
1
1 On December 9, 2002, Appellant filed a second supplemental
brief in response to the reopening of prosecution. We will
simply refer to the second supplemental brief as simply the
brief. Appellant filed a reply brief on April 24, 2003. The
Examiner mailed out an Office communication on May 8, 2003,
stating that the reply brief has been entered into the record.
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