Appeal No. 1998-2328
Application No. 08/560,138
established a prima facie case of obviousness. Accordingly, the
examiner’s rejection of claims 2-12, 18 and 19 under 35 U.S.C. §
103 over Robertson is reversed.
OTHER ISSUES
Upon the return of this application to the jurisdiction of
the examiner, the examiner and appellants should reconsider the
patentability of the claimed subject matter with respect to
obviousness-type double patenting and under 35 U.S.C.
§ 102(e)/103(a) in view of Beaudoin et al. (Beaudoin), U.S.
Patent No. 5,480,498, issued on Jan. 2, 1996 (copy not
attached). Beaudoin appears to have been commonly owned at the
time of appellants’ invention with some common inventors but a
different inventive entity than this application. Beaudoin was
made of record on page 2, ll. 21-23, of appellants’
specification, and was referred to as the “parent” application
in the Information Disclosure Statement dated Jan. 16, 1996,
Paper No. 4. The claims of Beaudoin differ from the presently
claimed subject matter in that Beaudoin does not recite the
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