Ex Parte OZAWA et al - Page 3






             Appeal No. 2004-0557                                                                                 
             Application No. 08/829,187                                                                           


             Amano                      JP 1-1818402                     Jul. 19, 1989                            



                    Claims 1 through 6 and 17 stand rejected under 35 U.S.C.                                      

             § 102(b) as being anticipated by Amano.3                                                             

                    Claim 7 stands rejected under 35 U.S.C. § 103 as being                                        

             unpatentable over Amano in view of Buchin.4                                                          

                    Reference is made to the Examiner's Answer (Paper No. 37,                                     

             mailed June 18, 2003) for the examiner's complete reasoning in                                       

             support of the rejections, and to appellants' Brief (Paper                                           

             Nos. 34 and 35, filed January 4 and 18, 2002 respectively) and                                       

             Reply Brief (Paper No. 40, filed September 05, 2003) for the                                         

             appellants' arguments thereagainst.                                                                  



                                                    OPINION                                                       

                    We have carefully considered the claims, the applied prior                                    

             art references, and the respective positions articulated by                                          


                    2 Our understanding of this reference is based upon a translation provided by                 
             the Scientific and Technical Information Center of the Patent and Trademark Office. A                
             copy of the translation is enclosed with this decision.                                              
                    3 Even though the final rejection indicated claim 19 as being rejected under 35               
             U.S.C. 102(b), and the examiner indicated that the statement of the status of the                    
             claims contained in the brief (which included claim 19 as being rejected under 35                    
             U.S.C. 102(b)) is correct, since the Examiner’s Answer did not include a rejection of                
             claim 19, the rejection of claim 19 is considered withdrawn.                                         

                    4 Even though the final rejection indicated claims 20 and 21 as being rejected                
             under                                                                                                
             35 U.S.C. 103, and the examiner indicated that the statement of the status of the                    
             claims contained in the brief (which included claims 20 and 21 as being rejected under               
             35 U.S.C. 103) is correct, since the Examiner’s Answer did not include a rejection of                
             claims 20 and 21, the rejection of claims 20 and 21 is considered withdrawn.                         

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