Ex Parte Flach et al - Page 3




            Appeal No. 2004-0012                                                                       
            Application No. 10/057,614                                                                 


            over Tatsuzo.1  Claims 7 and 11 stand rejected under 35 U.S.C.                             
            § 103(a) as being unpatentable over Tatsuzo in view of Ozawa.                              
            Also, claims 15, 16, 19 and 20 stand rejected under 35 U.S.C.                              
            § 103(a) as being unpatentable over Tatsuzo in view of Park.                               
            Finally, claim 10 stands rejected under 35 U.S.C. § 103(a) as                              
            being unpatentable over Tatsuzo in view of Shima.                                          
                  Appellants submit that "[f]or purposes of this appeal, each                          
            of claims 2-26 stands or falls together with claim 1" (page 2 of                           
            principal brief, last paragraph).  Accordingly, all the appealed                           
            claims stand or fall together with claim 1, and we will limit our                          
            consideration to the examiner's rejection of claim 1 over                                  
            Tatsuzo.  We note that appellants have not contested the separate                          
            § 103 rejections over Tatsuzo in view of Ozawa, Park, and Shima,                           
            respectively.                                                                              
                  We have thoroughly reviewed each of appellants' arguments                            
            for patentability.  However, we are in complete agreement with                             
            the examiner that the claimed subject matter would have been                               
            obvious to one of ordinary skill in the art within the meaning of                          
            § 103 in view of the applied prior art.  Accordingly, we will                              
            sustain the examiner's rejections for essentially those reasons                            


                  1 The statement of the rejection at page 4 of the Answer                             
            incorrectly refers only to the rejection of claim 1.                                       
                                                 -3-                                                   




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