Ex Parte Shinriki et al - Page 12

                Appeal 2007-2134                                                                                   
                Application 10/311,880                                                                             
                                                    CONCLUSION                                                     
                       The decision of the Examiner to reject claims 1, 2 and 15 under                             
                35 U.S.C. § 102(b) as being anticipated by Horie; to reject claims 12 and 13                       
                under 35 U.S.C. § 103(a) as being unpatentable over Horie in view of                               
                Shinriki; and to reject claim 14 under 35 U.S.C. § 103(a) as being                                 
                unpatentable over Horie in view of Shinriki and Fukuda is reversed.  The                           
                decision of the Examiner to reject claims 3-11 under 35 U.S.C. § 102(a) as                         
                being anticipated by Kuibira and to reject claims 3-5, 7, and 11 under                             
                35 U.S.C. § 102(b) as being anticipated by Fukuda is affirmed.                                     
                       No time period for taking any subsequent action in connection with                          
                this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).                              

                                             AFFIRMED-IN-PART                                                      








                tf/ls                                                                                              
                Crowell & Moring LLP                                                                               
                Intellectual Property Group                                                                        
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