Appeal No. 95-4970
Application No. 08/012,,872
Appellants' claimed invention is directed to a process for
making a microporous membrane from a poly(phenylene sulfide)
polymer.
Appealed claims 1-21 and 23-39 stand rejected under the
judicially created doctrine of obviousness-type double patenting
as being unpatentable over claims 1-23 of U.S. Patent No.
5,205,968 in view of Beck. In addition, claims 1-21 and 23-39
stand rejected under 35 U.S.C. § 103 as being unpatentable over
Damrow in view of Beck.
Upon careful consideration of the opposing arguments
presented on appeal, we will not sustain the examiner's
rejections. Our reason for not sustaining either of the
examiner's rejections is the same, i.e., the patent to Beck is
not prior art.
The present application is a continuation-in-part of U.S.
Application No. 07/746,756, now U.S. Patent No. 5,246,647, which,
in turn, is a continuation-in-part of U.S. Application No.
07/329,666, now U.S. Patent No. 5,043,112 (the Beck patent relied
upon by the examiner as prior art). Since the application on
appeal incorporates by reference the subject matter of the parent
application (U.S. Patent No. 5,246,647), and said parent appli-
cation incorporates by reference in its entirety the grandparent
of the present application (U.S. Patent No. 5,043,112), it cannot
-3-
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007