Appeal No. 2005-0202 Page 2
Application No. 09/348,654
INTRODUCTION
The Examiner maintains rejections under 35 U.S.C. § 103(a). As evidence of
unpatentability, the Examiner relies upon the following prior art references:1
Landau et al. (Landau) 4,592,800 Jun. 3, 1986
Konno et al. (Konno) 5,397,432 Mar. 14, 1995
Yachi 5,578,163 Nov. 26, 1996
Admitted Prior Art, specification, page 3, last paragraph and page 4.
The claims are rejected by the Examiner as follows:2
1. Claims 1-6 and 9 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
Konno, Admitted Prior Art, and Yachi.
2. Claim 7 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Konno,
Admitted Prior Art, and Yachi and further in view of Landau.
As the Appellant states that all the claims stand or fall together(Brief, p. 6), we select
claims 1 and 7 to represent the issues on appeal. Claims 1 and 7 read as follows:
1As prior art of record, the Examiner also lists U.S. Patent 5,763,328 issued to Yoshihara. Yoshihara is
discussed in the first ground of rejection (Answer, p. 3 and p. 5), but Yoshihara is not listed in the statement of any
rejection. “Where a reference is relied on to support a rejection, whether or not in a ‘minor capacity,’ there would
appear to be no excuse for not positively including the reference in the statement of rejection.” In re Hoch, 428 F.2d
1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970). We do not consider Yoshihara.
2The Examiner has withdrawn a rejection under 35 U.S.C. § 112, ¶ 1 (Answer, p. 3).
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