Ex parte HYATT et al. - Page 5




                Appeal No. 95-0143                                                                                                            
                Application 07/865,849                                                                                                        


                U.S.C.  103 as being unpatentable over Pogue and Clarkson.                                                                   
                Claim 16 stands rejected under 35 U.S.C.  102 as being                                                                       
                anticipated by Clark.  Claims 17, 18 and 20 stand rejected under                                                              
                35 U.S.C.  102 as being anticipated by Barrett.  Claims 17                                                                   
                through 19 stand rejected under 35 U.S.C.  103 as being                                                                      
                unpatentable over Barrett and Clark.                                                                                          
                         Rather than repeat the arguments of Appellants or the                                                                
                Examiner, we make reference to the briefs  and the answer for the    2                                                        
                details thereof.                                                                                                              
                                                                 OPINION                                                                      
                         After a careful review of the evidence before us, we agree                                                           
                with the Examiner that Claim 10 is properly rejected under the                                                                
                judicially created doctrine of obviousness-type double patenting                                                              
                as being unpatentable over claim 1 of U.S. Patent No. 5,140,317.                                                              
                and also is properly rejected under 35 U.S.C.  103 as being                                                                  
                unpatentable over Clark and Todd.  We also agree with the                                                                     
                Examiner that Claims 17, 18 and 20 are properly rejected under 35                                                             
                U.S.C.  102 as being anticipated by Barrett and claims 17                                                                    

                         2Appellants filed an appeal brief on March 10, 1994.  We                                                             
                will reference this appeal brief as simply the brief.  Appellants                                                             
                filed a reply appeal brief on June 13, 1994.  We will refer to                                                                
                this reply appeal brief as the reply brief.  The Examiner stated                                                              
                in the Examiner’s letter dated June 20, 1994 that the reply brief                                                             
                has been entered and considered but no further response by the                                                                
                Examiner is deemed necessary.                                                                                                 
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