Ex Parte Yamaguchi et al - Page 2




               Appeal No. 2006-1836                                                                                                  
               Application No. 10/087,556                                                                                            

                       The examiner relies on the following references:                                                              
                       Murakami                      5,874,780                      Feb. 23, 1999                                  
                       Kanda et al. (Kanda)           6,153,938                      Nov. 28, 2000                                  
                       Lin                           6,426,556                      July 30, 2002                                  
                                                                              (filed Jan. 16, 2001)                                  
                       Claims 1, 3-6, 9, 11, 12, and 18-22 stand rejected under 35 U.S.C. §102 (e) as anticipated                    
               by Kanda.                                                                                                             
                       Claim 2 stands rejected under 35 U.S.C. §103 as unpatentable over Kanda in view of                            
               Murakami.                                                                                                             
                       Claims 10, and 121-17 stand rejected under 35 U.S.C. §103 as unpatentable over                                
               Kanda in view of Lin.                                                                                                 
                       Reference is made to the briefs and answer for the respective positions of appellants and                     
               the examiner.                                                                                                         

                                                    OPINION                                                                        
                       At the outset, we note that, in accordance with appellants’ statement, at page 3 of the                       
               supplemental brief, “[c]laims 1-6 and 9-22 stand or fall together.”  Accordingly, we will focus on                    
               independent claim 1.                                                                                                  
                       WE AFFIRM.                                                                                                    
                       In our view, the examiner has clearly set forth a prima facie case of anticipation of the                     
               instant claimed subject matter by pointing to Figure 3 of Kanda.  The drawing, together with its                      

                                                                                                                                    
               1 Claim 12 stands rejected under both 35 U.S.C. § 102(e) and §103.                                                    
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