Ex Parte Nakamura et al - Page 6

                  Appeal No. 2004-0157                                                                                        Page 6                      
                  Application No. 09/706,771                                                                                                              


                           For the above reasons, we conclude that the combined teachings of Ando and                                                     
                  Edahiro fail to establish a prima facie case of obviousness with regard to the subject                                                  
                  matter recited in independent claims 1 and 16, and we will not sustain the rejection.                                                   
                                                                  CONCLUSION                                                                              
                           The rejection of claims 1-19 under 35 U.S.C. § 103(a) as being unpatentable                                                    
                  over Ando in view of Edahiro is not sustained.                                                                                          
                           The decision of the examiner is reversed.                                                                                      


                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
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                                                                                                   ) BOARD OF PATENT                                      
                                             CHARLES E. FRANKFORT                                  )     APPEALS AND                                      
                                             Administrative Patent Judge                           )   INTERFERENCES                                      
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                                                                                                   )                                                      
                                             LAWRENCE J. STAAB                                     )                                                      
                                             Administrative Patent Judge                           )                                                      


                  NEA/lbg                                                                                                                                 












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