Appeal No. 1997-1230
Application 08/274,807
be sustained.
Remand
This application is remanded to the examiner for
consideration of the appropriateness of new rejections based
on whether:
a) the subject matter recited in any of the appealed
claims is unpatentable under the judicially created doctrine
of obviousness type double patenting over the claims of Patent
No. 5,805,379; and
b) the subject matter recited in any of the appealed
claims would have been obvious under 35 U.S.C. § 103 over the
teachings of prior art as outlined below and other prior art
of which the examiner may be aware.
With regard to the double patenting issue, the examiner’s
attention is directed to Patent No. 5,805,379 issued to
Jacques Borders, one of the co-inventors of the present
application on September 8, 1998. According to the
bibliographic data on the cover sheet of the ‘379 patent, the
effective filing date and the assignee of the ‘379 patent are
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