Ex parte EICHENAUER et al. - Page 12




          Appeal No. 96-1795                                                          
          Application No. 08/262,745                                                  


          three obviousness-type double patenting rejections are                      
          affirmed for reasons set forth above and in the Answer.                     
               D.  Summary                                                            
               The rejection of claims 1, 2, 4, 6-10, 12 and 13 under §               
          102(e) as anticipated by Eichenauer I or II is reversed.  The               
          rejection of these same claims under § 103 as unpatentable                  
          over Eichenauer I or II is affirmed.  The rejection of these                
          same claims under the judicially created doctrine of                        
          obviousness-type double patenting over claims 1-7 of                        
          Eichenauer I or claims 1-8 of Eichenauer II is also affirmed.               
          The rejection of claims 1, 3, 5-9, 11, 12 and 14 under § 103                
          as unpatentable over Lausberg in view of Eichenauer I or II is              
          affirmed.  The rejection of these same claims under the                     
          judicially created doctrine of obviousness-type double                      
          patenting over claims 1-7 of Eichenauer I or claims 1-8 of                  
          Eichenauer II, each in view of Lausberg, is also affirmed.                  
          The rejection of claims 1, 2, 4, 6-10 and 12-16 under § 103 as              
          unpatentable over Kodama in view of Eichenauer I or II is                   
          affirmed.  The rejection of these same claims under the                     
          judicially created doctrine of obviousness-type double                      
          patenting over claims 1-7 of Eichenauer I or claims 1-8 of                  
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