Ex parte RATZEL et al. - Page 17




          Appeal No. 97-3703                                        Page 17           
          Application No. 08/110,349                                                  


               The application is remanded to the examiner to consider,               
          on the record, whether claims 2 through 4, 6 through 14, 16                 
          through 18 and 26 are unpatentable under 35 U.S.C. § 103 over               
          the appellants' admitted prior art, as applied in the new                   
          ground of rejection set forth above, in combination with                    
          Walker and/or any other prior art.                                          
                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 1 through 4, 6 through 14, 16 through 18 and 26 under                
          35 U.S.C.  § 103 and under the judicially created doctrine of               
          obviousness-type double patenting is reversed.  A new                       
          rejection of claim 1 under 35 U.S.C. § 103 is added pursuant                
          to the provisions of 37 CFR § 1.196(b).  Additionally, the                  
          application is remanded to the examiner for consideration of                
          the appellants' admitted prior art with regard to the                       
          remaining claims as discussed above.                                        
               This decision contains a new ground of rejection pursuant              
          to 37 CFR § 1.196(b) and a remand pursuant to 37 CFR §                      
          1.196(e).                                                                   










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