Ex parte WILLIAMS et al. - Page 4




          Appeal No. 1997-4067                                                        
          Application 08/285,324                                                      

               Claims 1-15 stand rejected under the judicially created                
          doctrine of obviousness-type double patenting over claims 1-                
          13 of Application 08/285,326, now U.S. Patent 5,608,821                     
          ('821 patent), and claims 1-17 of copending Application                     
          08/285,328 ('328 application).                                              
               Claims 14 stand rejected under 35 U.S.C. § 103 as being                
          unpatentable over Williams and Kanno.                                       
               We refer to the Final Rejection (Paper No. 16) (pages                  
          referred to as "FR__") and the Examiner's Answer (Paper                     
          No. 22) (pages referred to as "EA__") for a statement of the                
          Examiner's position and to the Appeal Brief (Paper No. 20)                  
          (pages referred to as "Br__") for a statement of Appellants'                
          arguments thereagainst.                                                     
                                      OPINION                                         
          Double patenting                                                            
               The test for obviousness-type double patenting is                      
          whether  the claimed subject matter of the application is                   
          obvious over what is covered by the patent claims (or the                   
          application claims in the case of a provisional obviousness-                
          type double patenting rejection).  "[T]he disclosure of a                   
          patent cited in support of a double patenting rejection                     

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