Appeal 2006-2352
Application 10/065,436
ORDER
The Examiner’s decision to reject claims 2, 4, 5, and 11 through 15
under 35 U.S.C. § 102(b) as being anticipated by Shiozaki is affirmed. The
Examiner’s decision to reject claims 2, 4 through 10, and 72 through 80
under 35 U.S.C. § 102(b) as being anticipated by or, in the alternative, under
35 U.S.C. § 103(a) as obvious over Hirakawa (JP 57139600A) and to reject
claims 16 through 38 under 35 U.S.C. § 103(a) as being unpatentable over
Tamiya in view of Jennergren is reversed.
On remand, this application is being returned to the Examiner’s
jurisdiction. The Examiner should review claims 6-10, 16-38, and 72-80
and Shiozaki and determine whether or not any of those claims is subject to
the entry of a rejection employing Shiozaki as a reference. The Examiner is
required to take appropriate action in light of the above.
AFFIRMED-IN-PART/REMANDED
sld/clj
SUMMA, ALLAN & ADDITON, P.A.
11610 NORTH COMMUNITY HOUSE RD
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