Appeal No. 1997-1332
Application 08/217,079
Konno et al. (Konno) (Japan) 62-14770 Apr. 15, 19871,2
All claims on appeal, claims 26 through 46, stand rejected
under the judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1 through 10 of the
appellant's earlier patent, U.S. Patent 4,885,559, as well as
provisionally rejected under the same doctrine as being
unpatentable over claims 44 through 63 of copending application
Serial No. 08/217,078, filed on March 24, 1994. The present
application, the just noted patent, and the pending application
all stem from common parent applications.
Additionally, all claims on appeal, claims 26 through 46,
stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon the collective teachings
of Konno, Heilmann, Mears, Wahl, Kashiwabuchi, and Onishi as to
claims 26 through 29, 33, 34, 36, 37 and 39 through 46. To this
basic rejection, the examiner adds Iritani as to claims 30, 35,
and 38. Similarly, to the basic combination of references, the
examiner adds Hamisch as to claims 31 and 32.
2 Both appellant's translation of Konno submitted on April 28, 1994 as well as the one
obtained through the Patent and Trademark Office, indicate a publication date of Konno of April
15, 1987. We note further, however, that the top of page 1 of appellant's translation further
indicates that the underling application was laid-open on May 27, 1982 under [another serial
number]." Therefore, appellant does not argue that this reference is not prior art to him.
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