Ex Parte Nishiuchi et al - Page 2



          Appeal No. 2005-0157                                                        
          Application No. 09/977,363                                                  

               The examiner relies upon the following reference as                    
          evidence of obviousness:                                                    
               Tsuji et al. (JP ‘906)   JP 07-230906   Aug. 29, 1995                  
               Appellants’ claimed invention is directed to preparing a               
          rare earth metal-based permanent magnet comprising the formation            
          of a metal oxide film which contains carbon on the surface of the           
          magnet by a sol-gel coating process.                                        
               Appealed claims 9, 10 and 14-17 stand rejected under                   
          35 U.S.C. § 103(a) as being unpatentable over JP ‘609.                      
               Appellants group the appealed claims as follows:                       
               I. Claims 9, 10, 14 and 15;                                            
               II. Claims 16 and 17.                                                  
               Accordingly, claims 10, 14 and 15 stand or fall together               
          with claim 9, and claim 17 stands or falls together with claim              
          16.                                                                         
               We have thoroughly reviewed each of appellants’ arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          obvious to one of ordinary skill in the art within the meaning              




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