Ex Parte Nishimura et al - Page 4



         Appeal No. 2006-2752                                                 
         Application No. 10/309,007                                           
         D.  Claims 1 through 4 stand rejected under 35 U.S.C. § 103 as       
         being unpatentable over the combination of Silvertown and Ishida.    
             Rather than reiterate the arguments of Appellants and the        
         Examiner, the opinion refers to respective details in the Appeal     
         Brief1 and the Examiner’s Answer2.  Only those arguments actually    
         made by Appellants have been considered in this decision.            
         Arguments that Appellants could have made but chose not to make      
         in the Brief have not been taken into consideration.  See 37 CFR     
         § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).                             
                                   OPINION                                    
             In reaching our decision in this appeal, we have carefully       
         considered the subject matter on appeal, the Examiner’s              
         rejections, the arguments in support of the rejections and the       
         evidence of anticipation and obviousness relied upon by the          
         Examiner as support for the rejections.  We have, likewise,          
         reviewed and taken into consideration Appellants’ arguments set      
         forth in the Appeal Brief along with the Examiner’s rationale in     
         support of the rejections and arguments in the rebuttal set forth    
         in the Examiner’s Answer.                                            


                                                                             
         1 Appellants filed an Appeal Brief on November 30, 2005.             
         2 The Examiner mailed an Examiner’s Answer on February 3, 2006.      
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