Appeal No. 97-3194 Page 34
Application No. 08/442,816
New ground of rejection under 37 CFR § 1.196(b)
In view of our finding above that independent claims 11
and 44 are anticipated by Damon, we denominate our affirmance
of independent claims 11 and 44, and claims 3, 4, 6, 9, 10, 12
to 20, 45 and 46 dependent thereon, a new ground of rejection
under 37 CFR § 1.196(b).
CONCLUSION
To summarize, (1) the decision of the examiner to reject
claims 3, 4, 6, 9 to 24, 31 to 38 and 44 to 46 under the
judicially created doctrine of double patenting over the
claims of Winner is affirmed; (2) the decision of the examiner
to reject claims 44, 45, 3, 11 and 12 under 35 U.S.C. § 103 as
being unpatentable over Damon is affirmed; (3) the decision of
the examiner to reject claims 44, 45 and 3 under 35 U.S.C. §
103 as being unpatentable over Wood in view of Damon is
reversed;
(4) the decision of the examiner to reject claims 4, 6, 18, 31
to 36 and 46 under 35 U.S.C. § 103 as being unpatentable over
Damon in view of Johnson is affirmed; (5) the decision of the
examiner to reject claims 37 and 38 under 35 U.S.C. § 103 as
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