Appeal No. 98-1207 Page 4
Application No. 08/420,648
As an initial matter, our view of the record indicates
that two rejections in addition to the two rejections under 35
U.S.C. § 103 discussed infra have been made by the examiner
and never withdrawn.
The double patenting rejection
In the first Office action (Paper No. 5, mailed August
21, 1995, pp. 6-7), the examiner rejected claims 1 and 17
through 41 under the judicially created doctrine of double
patenting over claims 1 through 10 of U.S. Patent No.
5,421,108 since the claims, if allowed, would improperly
extend the "right to exclude" already granted in the patent.
The appellant responded to this rejection (Paper No. 6,
filed February 23, 1996, p. 5) by stating that "a suitable
disclaimer is being prepared and will be filed shortly." In
the final rejection (Paper No. 7, mailed May 10, 1996, p. 2),
the examiner noted that the appellant will be submitting a
disclaimer in response to the double patenting rejection made
in the first Office action.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007