Appeal No. 97-1691
Application No. 08/519,375
James M. Long (the appellant) appeals from the final
rejection of claims 1-10, the only claims present in the
application.
We AFFIRM.
The appellant's invention pertains to an apparatus for
compressing and packaging microfibers. Independent claim 1 is
further illustrative of the appealed subject matter and a copy
thereof may be found on pages 2 and 3 of the brief.2
The references relied on by the examiner are:
Rieger 3,088,499 May 7, 1963
Strömberg 4,162,603 Jul. 31,
1979
Long 5,459,982 Oct. 24,
1995
Claims 1-10 stand rejected under the judicially created
doctrine of obviousness-type double patenting as being
unpatentable over claims 1-30 of U.S. Patent No. 5,459,982.3
2The appellant's brief is defective in that it does not
contain an appendix containing a copy of the claims on appeal
as expressly required by 37 CFR § 1.192(c)(9).
3This rejection was set forth as a new ground of
rejection in the answer.
2
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