Ex parte HONEYCUTT - Page 4




                     Appeal No. 96-2675                                                                                                                                                
                     Application No. 08/299,760                                                                                                                                        

                     Naude-Filonniere et al. 0 107 576                                                                           May   2, 19843                                        
                     (Naude-Filonniere)                                                                                                                                                

                                                                            THE REJECTIONS                                                                                             
                                Claims 1 through 24 and 26 through 30 stand rejected                                                                                                   
                     under 35 U.S.C. § 112, second paragraph, as being indefinite                                                                                                      
                     for failing to particularly point out and distinctly claim the                                                                                                    
                     subject matter which applicant regards as his invention.                                                                                                          
                                Claims 1 through 24 and 26 through 30 stand rejected                                                                                                   
                     under 35 U.S.C. § 103 as being unpatentable over Takigawa in                                                                                                      
                     combination with Naude-Filonniere.                                                                                                                                
                                Claims 1 through 24 and 26 through 30 stand rejected                                                                                                   
                     under the judicially created doctrine of obviousness-type                                                                                                         
                     double patenting as being unpatentable over claims 1 through                                                                                                      
                     30 of U.S. Patent No. 5,207,837 in view of Takigawa in                                                                                                            
                     combination with Naude-Filonniere.                                                                                                                                
                                                                                    OPINION                                                                                            
                                We have carefully considered all of the arguments                                                                                                      
                     advanced by appellant and the examiner and agree with                                                                                                             
                     appellant that the aforementioned rejections are not well                                                                                                         

                                3We refer in our opinion to the translation of Naude-                                                                                                  
                     Filonniere of record prepared by Schreiber Translations for                                                                                                       
                     the U. S. Patent and Trademark Office in October 1993.                                                                                                            
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