P3 1 897.A04
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`REMARKS
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`Initially, Applicants would like to express appreciation to the Examiner for the detailed
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`Official Action provided, for the acknowledgment of Applicants’ Claim for Priority and receipt
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`of the certified copy of the priority document, and for the acknowledgment of Applicants’
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`Information Disclosure Statement by return of the Form‘PTO-1449.
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`Upon entry of the above amendment, claim 1 will have been amended. Accordingly,
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`claims 1-9 are currently pending. Applicants respectfully request reconsideration of the
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`outstanding rejection and allowance of claims 1-9 in the present application. Such action is
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`respectfully requested and is now believed to be appropriate and proper.
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`The Examiner has objected to claim 1 for minor informalities.
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`In response, Applicants
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`have amended claim 1 as suggested by the Examiner. Accordingly, in view of the above noted
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`amendments and remarks, it is believed that the objection to claim 1 has been overcome, and
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`Applicants respectfully request reconsideration and withdrawal of the outstanding objection.
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`Claims 1-9 have been rejected under 35 U.S.C. § 103(a) as being unpatentable over
`FLOESSHOLZER (US. Pat. Pub. No. 2002/0139610) in view of SUEYOSHI (EP 1103202).
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`Although Applicants do not necessarily agree with the Examiner‘s rejection of claims 1-9
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`on this ground, nevertheless, Applicants have amended independent claim 1
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`to clearly obviate
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`the above noted ground of rejection in order to expedite prosecution of the present application.
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`In this regard, Applicants note that FLOESSHOLZER and SUEYOSHI fail to teach or suggest
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`the subject matter claimed in amended claim 1.
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`In particular, claim 1, as amended, sets forth a
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`depilating device including,
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`inter alia, a main body casing including a grip and having a
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`waterproof structure; a depilation head including a depilating portion and a head frame; a wiper
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`provided on the head frame; “a lifting plate provided on the wiper, the lifting plate and wiper
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`P3 1 897.A04
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`slidable on the head frame; a pair of elastic hooks extending from the lifting plate, and a plurality
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`of engagement projections extending from the head frame, the pair of elastic hooks and the
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`plurality of engagement projections configpred to engage each other
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`to provide height
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`adjustability to the wiper relative to the head frame; and a height switching button provided on
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`the lifting plate and extending through an aperture in the head frame, the height switching button
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`sliding to sequentially engage the pair of elastic hooks and respective engagement projections to
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`adjust the height of the wiper”.
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`This amendment
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`is fully supported by the specification,
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`including the claims and
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`drawings, and no prohibited new matter has been added.
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`In particular, support for the above
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`amendments may be found at least on pages 12—13 of Applicants’ specification and in figure 8.
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`Applicants claimed invention provides a depilating device that prevents unremoved hairs
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`from becoming invisible by soap bubbles adhering to a skin surface, that saves time, and that
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`improves user friendliness. The depilating device of the present invention includes a casing with
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`a grip and a waterproof structure, a depilation head and a head frame 5, and a wiper 2 provided
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`on the head frame. The wiper wipes soap bubbles adhering to the skin surface. Further, the
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`height of the wiper 2 may be adjustable relative to the head frame 5 in a direction substantially
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`perpendicular to the skin surface, as shown in figure 8.
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`In the embodiment shown in figure 8, the
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`depilating device includes a lifting plate 33 provided on the wiper 2; the lifting plate 33 and the
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`wiper 2 together are vertically slidable on the outer frame 5B of the head frame 5, whereby the
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`wiper 2 is height adjusted. Further, elastic hooks 32 are provided on the lower left and right
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`sides of the lifting plate 33. A plurality of engagement portions 31 extend symmetrically fiom
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`left and right ends of the outer frame 5B. The hooks 32 are configured to engage respective
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`engagement protrusions 31. Further, a height switching button 29 is provided on an outer
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`P31897.A04
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`surface of the lifting plate 33; and a hook 29a is provided on a rear surface of the height
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`switching button 29 and projects therefrom. The hook 29a engages a lateral bore 34 in the lifting
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`plate 33, such that the switching button‘29 is fixed to the lifting plate 33. The height switching
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`button 29 projects from an aperture 30 in the outer frame 5B such that when the user slides the
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`height switching button 29 upwardly, each of the hooks 32 sequentially engages the engagement
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`protrusions 31 from the bottom up, and the height of the wiper 2 is adjusted. Additionally, when
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`the user slides the height switching button 29 downwardly, each of the hooks 32 sequentially
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`engages the engagement protrusions 31 from the top down, and the height of the wiper 2 is
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`adjusted. See particularly figure 8 and pages 12—1 3 of the specification.
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`Accordingly, the present invention provides advantages over the prior art. For example, in
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`the present invention,
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`the height adjustable wiper prevents unremoved hairs from becoming
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`invisible by soap bubbles adhering to a skin surface, saves time, and improves the user
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`friendliness of the device.
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`The FLOESSHOLZER publication teaches a depilating device including a main body
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`casing 2, a depilation head 5, 6, a noise protection cap 9, and compression springs 19, 20. The
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`Examiner has taken the position that the noise protection cap 9 acts as a wiper. However, even
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`assuming, argyendo,
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`that
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`the noise protection cap 9 could fairly be read as a wiper,
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`the
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`FLOESSHOLZER device still does not
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`teach a Wiper as claimed.
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`In this regard,
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`the
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`FLOESSHOLZER publication does not
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`teach or suggest a wiper that
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`is height adjustable
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`including a lifting plate on the wiper that is slidable with the wiper on the head frame; a pair of
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`elastic hooks extending from the lifting plate, and a plurality of engagement projections
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`extending from the head frame and configured to engage the elastic hooks, and a height
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`switching button on the lifting plate and extending through an aperture in the head frame and that
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`P31897.A04
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`sequentially engages the elastic hooks and respective engagement projections to adjust the height
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`of the wiper.
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`Accordingly, the FLOESSHOLZER publication fails to teach or suggest a depilating
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`device including,
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`inter alia, a main body casing including a grip and having a waterproof
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`structure; a depilation head including a depilating portion and a head frame; a wiper provided on
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`the head frame; “a lifting plate provided on the wiper, the lifting plate and wiper slidable on the
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`head frame' a_pair of elastic hooks extending from the lifting plate, and a plurality of engagement
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`projections extending from the head frame,
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`the pair of elastic hooks and the plurality of
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`engagement projections configgred to engage each other to provide height adjustability to the
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`wiper relative to the head frame; and a height switching button provided on the lifting plate and
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`extending through an aperture in the head frame,
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`the height switching button sliding to
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`sequentially engage the pair of elastic hooks and respective engagement projections to adjust the
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`height of the wiper”, as set forth in independent claim 1, as amended.
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`The SUEYOSHI publication teaches a hair removing device, but also fails to teach or
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`suggest a wiper that is height adjustable including a lifting plate on the wiper that is slidable with
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`the wiper on the head frame; a pair of elastic hooks extending from the lifting plate, and a
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`plurality of engagement projections extending from the head frame and configured to engage the
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`elastic hooks, and a height switching button on the lifting plate and extending through an
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`aperture in the head frame and that sequentially engages the elastic hooks and respective
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`engagement projections to adjust the height of the wiper.
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`Therefore,
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`the SUEYOSHI publication fails
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`to
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`cure
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`the deficiencies of
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`the
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`FLOESSHOLZER publication,
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`and
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`even assuming,
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`argpendo,
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`that
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`the
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`teachings of
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`FLOESSHOLZER and SUEYOSHI have been properly combined, Applicants‘ claimed
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`P31897.A04
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`depilating device including,
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`inter alia, a main body casing including a grip and having a
`
`waterproof structure; a depilation head including a depilating portion and a head frame; a wiper
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`provided on the head frame; “a lifting plate provided on the wiper; the lifting plate and wiper
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`slidable on the head frame; a pair of elastic hooks extending from the lifting plate, and a plurality
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`of engagement projections extending from the head frame, the pair of elastic hooks and the
`
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`plurality of engagement projections configured to engage each other
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`to provide height
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`adjustability to the wiper relative to the head frame; and a height switchipg button provided on
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`the lifting plate and extending through an aperture in the head frame, the height switching button
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`slidingto sequentially engage the pair of elastic hooks and respective engagement projections to
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`adjust the height of the wiper”, as set forth in amended claim 1 would not have resulted from the
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`combined teachings thereof.
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`Further, there is nothing in the cited prior art that would lead one of ordinary skill in the
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`art to make the modification suggested by the Examiner in the rejection of claim 1 under 35
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`U.S.C. § 103(a) over FLOESSHOLZER in View of SUEYOSHI. Thus,
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`the only reason to
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`combine the teachings of FLOESSHOLZER and SUEYOSHI
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`results from a review of
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`Applicants‘ disclosure and the application of impermissible hindsight. Accordingly, the rejection
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`of claim 1 under 35 U.S.C. § 103(a) over FLOESSHOLZER in view of SUEYOSHI is improper
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`for all the above reasons and withdrawal thereof is respectfully requested.
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`Applicants submit that dependent claims 2-9, which are at least patentable due to their
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`dependency from claim 1 for the reasons noted above, recite additional features of the invention
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`and are also separately patentable over the prior art of record based on the additionally recited
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`features.
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`P31897.A04
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`Accordingly, Applicants respectfully request reconsideration and withdrawal of the
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`rejection, and an early indication of the allowance of claims 1-9.
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`SUMMARY AND CONCLUSION
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`In View of the foregoing, it is submitted that the present amendment is proper and that
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`none of the references of record, considered alone or in any proper combination thereof,
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`anticipate or render obvious Applicants’
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`invention as recited in claims 1—9. The applied
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`references of record have been discussed and distinguished, while significant claimed features of
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`the present invention have been pointed out.
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`Accordingly, consideration of the present amendment, reconsideration of the outstanding
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`Official Action, and allowance of the present amendment and all of the claims therein are
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`respectfully requested and now believed to be appropriate.
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`Applicants have made a sincere effort to place the present application in condition for
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`allowance and believe that they have now done so.
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`Any amendments to the claims which have been made in this amendment, which do not
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`narrow the scope of the claims, and which have not been specifically noted to overcome a
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`rejection based upon the prior art, should be considered cosmetic in nature, and to have been
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`made for a purpose unrelated to patentability, and no estoppel should be deemed to attach thereto.
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`-10-
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`Mar 02 09 1010961
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`Kenneth Hodge
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`(703) 830-1452
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`p2
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`P31897.A04
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`Should there be any questions, the Examiner is invited to contact the undersigned at the
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`below listed number.
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`Respectfully submitted,
`Hidekazu SUEYOSHI et al.
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`Bruce Hiflemstein
`Reg. No. 29,027
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`March 1, 2009
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Ciarke Place
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`Reston, VA 20191
`(703) 716—1191
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`-11-
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`