Appeal No. 94-4291
Application No. 07/627,009
specifically any radiation source emitting radiation below
about 4000 Angstroms (see lines 54 and 55 in column 9),
thereby suggesting the use of visible light. In this regard,
we point out that a wavelength of 3900 Angstrom for example,
is applicable to both the longest ultraviolet radiation
wavelength and the shortest visible radiation wavelength
(e.g., see Hackh's Chemical Dictionary, 3rd edition, page 716,
copy attached).
In light of the foregoing, we will sustain the section
103 rejection of the appealed claims as being unpatentable
over Eckberg in view of Drahnak and further in view of Gruber
or McDowell.
The obviousness-type double patenting rejection
In her answer, the examiner has stated that all of the
claims on appeal are rejected under the doctrine of
obviousness- type double patenting over the claims of Boardman
in view of Eckberg. It is appropriate to here clarify that,
in her earlier rejections (i.e., paper nos. 7 and 9), the
examiner also combined the Gruber or McDowell references with
7
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