Ex Parte Murata et al - Page 8




              Appeal No. 2005-2709                                                                Page 8               
              Application No. 10/113,648                                                                               

               Examiner.  Thus, for the reasons presented above and the reasons presented by the                       
               Examiner we will uphold the § 103 rejections                                                            
                     Based on our consideration of the totality of the record before us, having                        
              evaluated the prima facie case of obviousness in view of Appellants’ arguments, we                       
              determine that the Examiner has established a prima facie case of anticipation and                       
              obviousness that have not been adequately rebutted by Appellants.  Accordingly, the                      
              Examiner's rejections under 35 U.S.C. §§ 102 and 103 are affirmed.                                       
                                                       CONCLUSION                                                      
                     The rejections under 35 U.S.C. §§ 102, 103 and 112, first paragraph are                           
              affirmed.  The rejection under § 112, second paragraph, is reversed.                                     


























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