Appeal No. 2003-1272 Page 21
Application No. 10/039,338
To summarize, the decision of the examiner to reject claims 18 to 34 under the
judicially created doctrine of double patenting over claims 1 to 13 of U.S. Patent No.
6,354,021 is affirmed; the decision of the examiner to reject claims 18 to 34 under the
judicially created doctrine of double patenting over claims 1 to 10 of U.S. Patent No.
5,259,129 is affirmed; the decision of the examiner to reject claims 18 to 25 under
35 U.S.C. § 112, first paragraph, is reversed; the decision of the examiner to reject
claims 18 to 25 under 35 U.S.C. § 112, second paragraph, is reversed; the decision of
the examiner to reject claims 18 to 20, 22, 26 to 30 and 34 under 35 U.S.C. § 102(b) is
reversed; the decision of the examiner to reject claim 21 under 35 U.S.C. § 103 is
reversed; and the decision of the examiner to reject claims 25 and 33 under 35 U.S.C.
§ 103 is reversed. In addition, a new rejection of claims 26 to 34 under 35 U.S.C.
§ 112, first paragraph, has been added pursuant to provisions of 37 CFR § 41.50(b).
Since at least one rejection of each of the appealed claims has been affirmed,
the decision of the examiner is affirmed.
Regarding the affirmed rejections, 37 CFR § 41.52(a)(1) provides "[a]ppellant
may file a single request for rehearing within two months from the date of the original
decision of the Board."
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