Ex Parte SMITH et al - Page 3




              Appeal No. 2004-0334                                                               Page 3                
              Application No. 08/853,608                                                                               


                     Claims 11 and 12 stand rejected under 35 U.S.C. § 103 as being unpatentable                       
              over Porter in view of Fukazawa.                                                                         


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejections, we make reference to the answer                     
              (Paper No. 15, mailed July 18, 2000) for the examiner's complete reasoning in support                    
              of the rejections, and to the brief (Paper No. 14, filed May 8, 2000) and reply brief                    
              (Paper No. 17, filed August 28, 2000) for the appellants' arguments thereagainst.                        


                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellants' specification and claims, to the applied prior art references, and to the                
              respective positions articulated by the appellants and the examiner.  As a consequence                   
              of our review, we make the determinations which follow.                                                  


              The anticipation rejection                                                                               
                     We will not sustain the rejection of claims 1 to 10 and 13 to 15 under 35 U.S.C.                  
              § 102(e).                                                                                                











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