Ex Parte Pan et al - Page 3



          Appeal No. 2005-0323                                       Page 3           
          Application No. 09/577,835                                                  

               Claims 25-27 and 30 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over Gardner in view of Mogami.                       
               Claims 28 and 29 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Gardner in view of Mogami and Bai.                  

               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellants regarding the above-noted rejections,           
          we make reference to the examiner's answer (Paper No. 28, mailed            
          March 9, 2004) for the examiner's complete reasoning in support             
          of the rejections, and to appellants' brief (Paper No. 26, filed            
          November 17, 2003) and reply brief (Paper No. 29, filed May 10,             
          2004) for appellants' arguments thereagainst.  Only those                   
          arguments actually made by appellants have been considered in               
          this decision.  Arguments which appellants could have made but              
          chose not to make in the brief have not been considered.  See 37            
          CFR § 41.37(c)(1)(vii).                                                     

                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of obviousness relied upon by             
          the examiner as support for the rejections.  We have, likewise,             





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