Ex Parte Hu - Page 5




             Appeal No. 2004-0912                                                                                  
             Application No. 09/942,061                                                                            

                     Claims 21 to 25, 40, 41 and 57 to 59 are provisionally rejected under the                     
              judicially created doctrine of obviousness-type double patenting as being unpatentable               
              over claims 1 to 18 of copending application no. 09/814,430, now U.S. patent                         
              6,453,779, in view of McCann.  (Answer, pp. 6-7).                                                    
                     Claims 21 to 25, 40, 41 and 57 to 59 are provisionally rejected under the                     
              judicially created doctrine of obviousness-type double patenting as being unpatentable               
              over claims 1 to 20 of copending application no. 09/923,120, now U.S. patent                         
              6,457,389, in view of McCann and Chen.  (Answer, p. 7).                                              
                     Claims 21 to 25, 40, 41 and 57 to 59 are provisionally rejected under the                     
              judicially created doctrine of obviousness-type double patenting as being unpatentable               
              over claims 1 to 60 of copending application no. 09/854,795 in view of Fosella, Kress,               
              McCann and Chen.  (Answer, p. 8).                                                                    
                     Claims 21 to 25, 40, 41 and 57 to 59 are provisionally rejected under the                     
              judicially created doctrine of obviousness-type double patenting as being unpatentable               
              over claims 1 to 20 of copending application no. 09/888,810 in view of McCann and                    
              Chen.  (Answer, p. 8).                                                                               






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