Ex parte WINNER - Page 5




                 Appeal No. 97-3194                                                                                       Page 5                        
                 Application No. 08/442,816                                                                                                             


                          Claims 3, 4, 6, 9 to 24, 31 to 38 and 44 to 46 stand                                                                          
                 rejected under the judicially created doctrine of double                                                                               
                 patenting over the claims of Winner.                                                                                                   


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            
                 rejections , we make reference to the examiner's answer (Paper3                                                                                                                    
                 No. 16, mailed December 3, 1996) and the supplemental                                                                                  
                 examiner's answer (Paper No. 18, mailed April 16, 1997) for                                                                            
                 the examiner's complete reasoning in support of the                                                                                    
                 rejections, and to the appellant's brief (Paper No. 14, filed                                                                          
                 September 16, 1996) and reply brief (Paper No. 17, filed                                                                               
                 January 28, 1997) for the appellant's arguments thereagainst.                                                                          


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellant's specification and                                                                             
                 claims, to the applied prior art references, and to the                                                                                

                          3The other rejections set forth in the final rejection                                                                        
                 and the answer have been withdrawn by the examiner in the                                                                              
                 Advisory Action of June 28, 1996 (Paper No. 10) and the                                                                                
                 supplemental examiner's answer (Paper No. 18).                                                                                         







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007