Appeal No. 96-1741
Application 08/160,111
Rather than repeat the arguments of appellants or the
examiner, we make reference to the briefs and the answers for
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the
evidence of obviousness relied upon by the examiner as support
for the rejections. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellants'
arguments set forth in the briefs along with the examiner's
rationale in support of the rejections and arguments in
rebuttal set forth in the examiner's answers.
It is our view, after consideration of the record
before us, that the provisional obviousness-type double
patenting rejection should be sustained. We are also of the
view that the collective evidence relied upon and the level of
skill in the particular art would have suggested to one of
ordinary skill in the art the obviousness of the invention as
set forth in claims 1, 7-11, 37, 40, 46-50, 76 and 79-93. We
reach the opposite conclusion with respect to claims 14-25,
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