Appeal No. 95-2830
Application No. 07/967,617
The third rejection directed to the rejection of claims
11 and 12 under 35 U.S.C. § 103 as unpatentable over EP '975
in view of Pedrazzi is maintained by the examiner. The fourth
rejection is a provisional rejection of claims 1, 2, 5 through
9, 11 and 12 under 35 U.S.C. § 103 as unpatentable over USSN
08/215,396 in view of Pedrazzi. Since the Brief was
submitted, USSN 08/215,396 has matured into U.S. Patent
5,478,936. Accordingly, the rejection supra is no longer
provisional. Furthermore at the hearing, February 11, 1999,
appellants' counsel confirmed that
U.S. Patent 5,478,936 is for all intents and purposes
identical to EP '975, both having identical foreign priority
applications, Japan 2-220470, dated August 21, 1990 and Japan
3-149813 dated May 24, 1991. Accordingly, we consider the
third rejection to be the same as the fourth rejection.
The fifth rejection as stated in the final rejection is
the provisional rejection of claims 1, 2, 5 through 9, 11 and
12 under the judicially created doctrine of double patenting
over claims 1 through 10 of USSN 08/215,396 in view of
Pedrazzi. As stated above, the rejection would now be a
rejection of claims 1, 2, 5 through 9, 11, and 12 under the
4
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