Ex Parte Yoneda et al - Page 6

             Appeal Number: 2006-3176                                                                                  
             Application Number: 10/203,620                                                                            

                  We do not sustain the examiner's rejection of claims 7 and 13 under 35 U.S.C.                        
             § 103(a) as obvious over Norifumi, Statesman and Ryuichi for the same reasons                             
             above for claim 1, whose limitations are fully incorporated in these claims.                              
               Claim 9 rejected under 35 U.S.C. § 103(a) as obvious over Norifumi, Statesman                           
                                                     and Shinji.                                                       
                  We do not sustain the examiner's rejection of claim 9 under 35 U.S.C. § 103(a)                       
             as obvious over Norifumi, Statesman and Shinji for the same reasons above for                             
             claim 1, whose limitations are fully incorporated in this claim.                                          
               Claim 10 rejected under 35 U.S.C. § 103(a) as obvious over Norifumi, Statesman                          
                                                   and Yasunari.                                                       
                  We do not sustain the examiner's rejection of claim 10 under 35 U.S.C.                               
             § 103(a) as obvious over Norifumi, Statesman and Shinji for the same reasons                              
             above for claim 1, whose limitations are fully incorporated in this claim.                                
                              New Grounds of Rejection Under 37 CFR § 41.50(b)                                         
                  Pursuant to 37 CFR § 41.50(b), we enter the following new grounds of                                 
             rejection:                                                                                                
                  Independent claims 1 and 14 are rejected under 35 U.S.C.  § 103 as                                   
             unpatentable as obvious over Norifumi, Statesman and Rice2.                                               
                    In contrast with the lack of Norifumi describing modulation of light that                          
             illuminates plants by music, we note that Rice provided such a teaching that                              
                                                                                                                       
                  2 We will refer to the Rice provisional application 60/269,382 contents in this                      
             rejection because it is the provisional application filing date that makes Rice prior                     
             art to the instant application.                                                                           


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