Ex Parte Noda et al - Page 3



               Appeal No. 2006-2452                                                                         
               Application No. 09/797,872                                                                   

               Ishiwatari et al.     JP 359172862   Sep. 29, 1984                                           
                (Ishiwatari)                                                                                
               Kawamura et al.         EP 0 812 092   Oct. 12, 1997                                         
               (Kawamura)                                                                                   
                      Claims 1-9, all of the appealed claims, stand finally rejected under                  
               35 U.S.C. § 103(a).  As evidence of obviousness, the Examiner offers Kawamura                
               in view of Hoekstra and Kagawa with respect to claims 1, 2, 4, 5, 7, and 8, and              
               adds Ishiwatari to the basic combination with respect to claims 3, 6, and 9.                 
                      Rather than reiterate the arguments of Appellants and the Examiner,                   
               reference is made to the Briefs1 and Answer for the respective details.                      
                                                 OPINION                                                    
                      We have carefully considered the subject matter on appeal, the rejection              
               advanced by the Examiner and the evidence of obviousness relied upon by the                  
               Examiner as support for the rejection.  We have, likewise, reviewed and taken                
               into consideration, in reaching our decision, Appellants’ arguments set forth in             
               the Briefs along with the Examiner’s rationale in support of the rejection and               
               arguments in rebuttal set forth in the Examiner’s Answer.                                    
                      It is our view, after consideration of the record before us, that the evidence        
               relied upon and the level of skill in the particular art would not have suggested to         


                                                                                                            
                      1 The Appeal Brief was filed November 28, 2005.  In response to the                   
               Examiner’s Answer mailed January 18, 2006, a Reply Brief was filed March 20,                 
               2006, which was acknowledged and entered by the Examiner as indicated in the                 
               communication dated April 11, 2006.                                                          


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