Appeal No. 96-2179 Page 12
Application 07/613,466
E. Claims 1-17 of United States
Patent 4,878,497 to Callaghan et al.
24. Callaghan '497 has the same effective filing date--
25 March 1988--as the present application, although they do
not have overlapping chains of
pendency. Cf. In re Berg, ___ F.3d
___, 46 USPQ2d 1226, 1227 (Fed. Cir.
1998) (finding double-patenting
between separate applications filed
the same day). At the hearing,
counsel confirmed that the Office did
not require any restriction between
the inventions of the '497 patent and
the present application.
25. Figure 7 (the "more complete
USP 4,766,900
representation of the illustrative
embodiment of the invention" (1:59-60)) of Callaghan '497
appears to be identical to corresponding Figure 7 of the
present application.
26. The following table compares claim 1 of
Callaghan '497 to claim 25 of the present application with the
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