Appeal No. 95-4754
Application No. 08/111,905
THE REJECTIONS
There are two rejections before us. Claims 2 through 7
stand rejected under the judicially created doctrine of double
patenting as being unpatentable over claim 19 of U.S. Patent
No. 5,281,646 to Yachigo. Claims 2 through 7 stand
provisionally rejected under 35 U.S.C. § 103 based upon the
Yachigo reference qualifying as prior art under 35 U.S.C. §
102(f) or (g).
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner with respect to the
obvious double patenting rejection. We shall not sustain the
examiner's rejection.
The examiner in his Answer relies on the disclosure of
Yachigo in column 3, lines 44-45 to show the unsaturated
nitrile resin in the claimed subject matter is within the
scope of patentee. See the Answer page 5, lines 5-7. The
examiner further relies on the disclosure of claim 4 of
Yachigo to show that the claimed additive is one of Yachigo's
preferred species. It is well settled that the disclosure of a
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