Appeal No. 97-2359
Application 07/894,260
Claims 62-64 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the combined teachings of Whitehead,
Lee ‘904 and Lee ‘492. Claims 66-68 stand rejected under 35
U.S.C. § 103
as being unpatentable over Yen and Czerlinski. Claims 62-65
and 70-78 stand provisionally rejected under the judicially
created doctrine of obviousness-type double patenting over
claims 1-31 of application 07/911,962 (‘962 application).
Claims 62-65 stand rejected under the judicially created
doctrine of obviousness-type double patenting over claims 1-12
of U.S. patent no. 5,225,282 to Chagnon et al. (Chagnon).
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with the
examiner that the invention recited in appellants’ claims 62-
64 and 66-68 would have been obvious to one of ordinary skill
in the art at the time of appellants’ invention over the
applied references. Accordingly, the aforementioned
rejections under 35 U.S.C. § 103 will be affirmed. However,
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