Appeal No. 97-3703 Page 17
Application No. 08/110,349
The application is remanded to the examiner to consider,
on the record, whether claims 2 through 4, 6 through 14, 16
through 18 and 26 are unpatentable under 35 U.S.C. § 103 over
the appellants' admitted prior art, as applied in the new
ground of rejection set forth above, in combination with
Walker and/or any other prior art.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 4, 6 through 14, 16 through 18 and 26 under
35 U.S.C. § 103 and under the judicially created doctrine of
obviousness-type double patenting is reversed. A new
rejection of claim 1 under 35 U.S.C. § 103 is added pursuant
to the provisions of 37 CFR § 1.196(b). Additionally, the
application is remanded to the examiner for consideration of
the appellants' admitted prior art with regard to the
remaining claims as discussed above.
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) and a remand pursuant to 37 CFR §
1.196(e).
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