Appeal No. 96-3189
Application 08/396,079
This is a decision on the appeal under 35 U.S.C. § 134
from the Examiner's final rejection of claims 1 through 5 and
7 through 59, which constitute all the outstanding claims in
the application, claim 6 having been canceled.
Claims 1 through 5 and 7 through 59 stand rejected under
the doctrine of laches as expressed in Ex parte Hull, 191 USPQ
157 (Bd. Pat. App. 1975). There is no statutory rejection
before us.
Rather than repeat the discussions of appellant or the
examiner, we make reference to the briefs and the answer for
the respective details thereof.
OPINION
We have considered the rejection advanced by the
examiner. We have, likewise, reviewed Appellants' arguments
set forth in the brief and the reply brief.
After our analysis of the facts of this case, we affirm
the Examiner as to claims 1 through 5 and 7 through 23, but
reverse as to claims 24 through 59. Accordingly, we affirm-
in-part.
Before discussing the details of the analysis of the
decision, we review the history of prosecution of the instant
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