Ex Parte Hirahara - Page 3



          Appeal No. 2005-0558                                       Page 3           
          Application No. 10/280,994                                                  

          Rather than reiterate the conflicting viewpoints advanced by                
          appellant and the examiner regarding the above-noted rejection,             
          we refer to the final rejection (mailed September 5, 2003), the             
          examiner’s answer (mailed August 19, 2004), appellant’s brief               
          (filed June 10, 2004) and reply brief (filed October 22, 2004)              
          for a full exposition thereof.                                              

                                       0PINION                                        

          Having carefully reviewed the anticipation issue raised in                  
          this appeal in light of the record before us, we have made the              
          determination that the examiner’s rejection will not be                     
          sustained.  Our reasons follow.                                             

          Looking to the final rejection, we note that the examiner                   
          has directed us to the manufactured seed depicted in Figures 1A             
          and 1B of Hartle, and more specifically to the disclosure                   
          spanning pages 27 and 28 of that reference wherein a method of              
          making the lid (274) of the manufactured seed seen in Figure 1B             
          is described.  In pertinent part, that disclosure indicates that            
          the lids were made “using strips of Parafilm™ M laboratory film             






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