Appeal No. 94-3812
Application 07/857,701
rebuttal evidence, if any, and to reconsider the prima facie
case anew in light of all the evidence. In re Piasecki, 745
F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). However,
appellants have neither presented any rebuttal evidence nor
advanced any arguments with respect to any probative showing
of surprising or unexpected results represented by objective
evidence in this record. Accordingly, the prima facie case of
obviousness stands unrebutted.
SUMMARY
The rejection of claims 30 and 34 under 35 U.S.C. § 112,
first paragraph, is AFFIRMED. The rejection of claims 30 and
34 under 35 U.S.C. § 112, second paragraph, is REVERSED. The
rejection of claims 1 through 5, 7 through 11, 13 through 17,
30 and 34 under the judicially created doctrine of obviousness
double patenting is REVERSED. The rejection of claims 1, 8,
9, 11, 14, 16, 30 and 34 under 35 U.S.C. § 103 is AFFIRMED.
The rejection of claims 4 and 5 under 35 U.S.C. § 103 is
REVERSED.
The decision of the examiner is AFFIRMED-IN-PART.
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