Ex Parte Pylant - Page 3




          Appeal No. 2004-0063                                                        
          Application 09/767,359                                                      


          Claims 1 through 3, 5 through 11 and 13 through 15 stand                    
          rejected under 35 U.S.C. § 102(b) as being anticipated by Kaneko.           


          Claims 1 through 3, 6 through 11, 14 and 15 stand rejected                  
          under 35 U.S.C. § 102(b) as being anticipated by Ball.                      


          Claims 1 through 15 stand rejected under 35 U.S.C. § 103(a)                 
          as being unpatentable over Kaneko.                                          


          Rather than reiterate the conflicting viewpoints advanced by                
          appellant and the examiner regarding the above-noted rejections,            
          we refer to the final rejection (Paper No. 6, mailed May 9,                 
          2002), the examiner's answer (Paper No. 14, mailed April 8, 2003)           
          and appellant’s brief (Paper No. 13, filed February 20, 2003) for           
          a full exposition thereof.                                                  


          Before turning to the merits of the rejections on appeal, we                
          note that appellant’s brief (at page 4) indicates that claims 1             
          through 15 “stand or fall together.”  Thus, we have selected                
          independent claim 1 as being representative of the issues on                




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