Appeal No. 96-3189
Application 08/396,079
Again, the Examiner, finding no new issues to consider, sent
another notice of allowance of all the same claims on November
30, 1994, on first action in the case. But, this time, the
Examiner included in the office action a warning, the so-
called "Hull warning" under Hull, 191 USPQ at 160, stating
that "filing further continuing applications without allowing
the present one to issue may result in a future
rejection based upon the equitable doctrine of laches." [Paper
no. 15, mailed on Nov. 30, 1994, page 2.]
Nevertheless, Appellants filed yet another file-wrapper-
continuation, the instant Application, 08/396,079, containing
the same claims 1 through 5 and 7 through 23 as before, on
February 28, 1995. However, Appellants did present new claims
24 through 59. There, again, was no amendment to the
originally presented claims 1 through 5 and 7 through 23 which
had been allowed in the '449, '159, and '558 applications.
The Examiner gave a first action rejection and a second action
final rejection on the same ground of laches. Appellants
again did not amend any of the claims, originally presented or
the newly added claims, in response to the Examiner's two
-4-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007