Appeal No. 2004-0422
Application No. 09/046,315
Claims 5-13 stand rejected under 35 U.S.C. § 102 as being
anticipated by Saito.
Throughout our opinion, we make references to the
Appellants' briefs, and to the Examiner's Answer for the
respective details thereof.1
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner's rejections and the arguments of the
Appellants and the Examiner, for the reasons stated infra, we
reverse the Examiner's rejection of claim 5 under 35 U.S.C.
§ 112; we affirm the Examiner's rejection of claims 5-12 under
35 U.S.C. § 102; and we reverse the Examiner's rejection of
claim 13 under 35 U.S.C. § 102.
Appellants have indicated that for purposes of this appeal,
the claims stand or fall together in five groupings:
Claim 5 as Group I, with respect to the rejection under
35 U.S.C. § 112;
Claims 5-12 as Group II, with respect to the rejection under
35 U.S.C. § 102 over Liou;
1 Appellants filed an appeal brief on April 8, 2003. Appellants
filed a reply brief on August 25, 2003. The Examiner mailed out
an Examiner’s Answer on June 18, 2003.
3
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